navigation act 1912 - advocate of the tugboat captain. · navigation act 1912 act no. 4 of 1913 as...

Navigation Act 1912 Act No. 4 of 1913 as amended

This compilation was prepared on 11 October 2006 taking into account amendments up to Act No. 109 of 2006

Volume 3 includes: Table of Contents Schedules 2–9

The text of any of those amendments not in force on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Navigation Act 1912 iii

Contents Schedule 2—Protocol of 1978 relating to the International

Convention for the Safety of Life at Sea, 1974 1

Schedule 3—Convention on the International Regulations for Preventing Collisions at Sea, 1972 28

Schedule 4—Articles of, and Annexes to, the Load Line Convention 66

Schedule 5—International Convention for Safe Containers 150

Schedule 5A—1981 Amendments to Annex I of the International Convention for Safe Containers (CSC) 173

Schedule 8—International Convention on Tonnage Measurement of Ships, 1969 175

Schedule 9 201

Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 Schedule 2

Navigation Act 1912 1

Schedule 2—Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974

Subsection 187A(1)

ARTICLE I General Obligations

The Parties to the present Protocol undertake to give effect to the provisions of the present Protocol and the Annex hereto which shall constitute an integral part of the present Protocol. Every reference to the present Protocol constitutes at the same time a reference to the Annex hereto.

ARTICLE II Application

1. The provisions of Articles II, III (other than paragraph (a)), IV, VI (b), (c) and (d), VII and VIII of the International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as “the Convention”) are incorporated in the present Protocol, provided that references in those Articles to the convention and to Contracting Governments shall be taken to mean references to the present Protocol and to the Parties to the present Protocol, respectively.

2. Any ship to which the present Protocol applies shall comply with the provisions of the Convention, subject to the modifications and additions set out in the present Protocol.

3. With respect to the ships of non-parties to the Convention and the present Protocol, the Parties to the present Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that no more favourable treatment is given to such ships.

ARTICLE III Communication of Information

The Parties to the present Protocol undertake to communicate to, and deposit with, the Secretary-General of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”), a list of nominated surveyors or recognized organizations which are authorized to act on their

Schedule 2 Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974

2 Navigation Act 1912

behalf in the administration of measures for safety of life at sea for circulation to the Parties for information of their officers. The Administration shall therefore notify the Organization of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations.

ARTICLE IV Signature, Ratification, Acceptance, Approval and Accession

1. The present Protocol shall be open for signature at the Headquarters of the Organization from 1 June 1978 to 1 March 1979 and shall thereafter remain open for accession. Subject to the provisions of paragraph 3 of this Article, States may become Parties to the present Protocol by: (a) signature without reservation as to ratification, acceptance or approval;

or (b) signature subject to ratification, acceptance or approval, followed by

ratification, acceptance or approval; or (c) accession.

2. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization.

3. The present Protocol may be signed without reservation, ratified, accepted, approved or acceded to only by States which have signed without reservation, ratified, accepted, approved or acceded to the Convention.

ARTICLE V Entry into Force

1. The present Protocol shall enter into force six months after the date on which not less than fifteen States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant shipping, have become Parties to it in accordance with Article IV of the present Protocol, provided however that the present Protocol shall not enter into force before the Convention has entered into force.

2. Any instrument of ratification, acceptance, approval or accession deposited after the date on which the present Protocol enters into force shall take effect three months after the date of deposit.

3. After the date on which an amendment to the present Protocol is deemed to have been accepted under Article VIII of the Convention, any



instrument of ratification, acceptance, approval or accession deposited shall apply to the present Protocol as amended.

ARTICLE VI Denunciation

1. The present Protocol may be denounced by any Party at any time after the expiry of five years from the date on which the present Protocol enters into force for that party.

2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General of the Organization.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its receipt by the Secretary-General of the Organization.

4. A denunciation of the Convention by a Party shall be deemed to be a denunciation of the present Protocol by that Party.

ARTICLE VII Depositary

1. The present Protocol shall be deposited with the Secretary-General of the Organization (hereinafter referred to as “the Depositary”).

2. The Depositary shall: (a) inform all States which have signed the present Protocol or acceded

thereto of: (i) each new signature or deposit of an instrument of ratification,

acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of the present Protocol; (iii) the deposit of any instrument of denunciation of the present

Protocol together with the date on which it was received and the date on which the denunciation takes effect;

(b) transmit certified true copies of the present Protocol to all States which have signed the present Protocol or acceded thereto.

3. As soon as the present Protocol enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.



ARTICLE VIII Languages

The present Protocol is established in a single original in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German and Italian languages shall be prepared and deposited with the signed original.



ANNEX

MODIFICATIONS AND ADDITIONS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

CHAPTER I

GENERAL PROVISIONS

PART A—APPLICATION, DEFINITIONS, ETC.

Regulation 2 Definitions

The following paragraph is added to the existing text: (n) “Age of a ship” means the elapsed period of time determined from the

year of build as indicated on the ship’s registry papers.

PART B—SURVEYS AND CERTIFICATES

Regulation 6 Inspection and Survey

The existing text of Regulation 6 is replaced by the following: (a) The inspection and survey of ships, so far as regards the enforcement of

the provisions of the present Regulations and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.

(b) The Administration shall institute arrangements for unscheduled inspections to be carried out during the period of validity of the certificate. Such inspections shall ensure that the ship and its equipment remain in all respects satisfactory for the service for which the ship is intended. These inspections may be carried out by the Administration’s own inspection services, or by nominated surveyors, or by recognized



organizations, or by other Parties upon request of the Administration. Where the Administration, under the provisions of Regulations 8 and 10 of this Chapter, establishes mandatory annual surveys, the above unscheduled inspections shall not be obligatory.

(c) An Administration nominating surveyors or recognizing organizations to conduct inspections and surveys as set forth in paragraphs (a) and (b) of this Regulation shall as a minimum empower any nominated surveyor or recognized organization to:

(i) require repairs to a ship, and (ii) carry out inspections and surveys if requested by the appropriate

authorities of a Port State. The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to nominated surveyors or recognized organizations.

(d) When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to sea without danger to the ship, or persons on board, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the ship is in the port of another Party, the appropriate authorities of the Port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate authorities of the Port State, the Government of the Port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this Regulation. When applicable, the Government of the Port State concerned shall ensure that the ship shall not sail until it can proceed to sea, or leave port for the purpose of proceeding to the appropriate repair yard, without danger to the ship or persons on board.

(e) In every case, the Administration shall fully guarantee the completeness and efficiency of the inspection and survey, and shall undertake to ensure the necessary arrangements to satisfy this obligation.



Regulation 7 Surveys of Passenger Ships

The existing text of paragraph (b) (iii) is replaced by the following: (iii) A survey either general or partial, according to the circumstances, shall

be made after a repair resulting from investigations prescribed in Regulation 11 of this Chapter, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the ship complies in all respects with the provisions of the Convention and the present Protocol and of the International Regulations for Preventing Collisions at Sea in force, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration.

Regulation 8 Surveys of Life-Saving Appliances and other Equipment of Cargo Ships

The existing text of Regulation 8 is replaced by the following: (a) The life-saving appliances, except a radiotelegraph installation in a

motor lifeboat or a portable radio apparatus for survival craft, the echo-sounding device, the gyro-compass, the fire-extinguishing appliances and the inert gas system of cargo ships to which Chapters II–1, II–2, III and V of the Convention and the present Protocol apply, shall be subject to initial and subsequent surveys as prescribed for passenger ships in Regulation 7 of Chapter I of the Convention and the present Protocol with the substitution of 24 months for 12 months in sub-paragraph (a) (ii) of that Regulation. The fire control plans in new ships and the pilot ladders, mechanical pilot hoists, lights, shapes and means of making sound signals carried by new and existing ships shall be included in the surveys for the purpose of ensuring that they comply fully with the requirements of the Convention and the present Protocol and, where applicable, the International Regulations for Preventing Collisions at Sea in force.

(b) Intermediate surveys shall be made for tankers of ten years of age and over, within three months before or after the anniversary date of the Cargo Ship Safety Equipment Certificate, to ensure that equipment specified in paragraph (a) of this Regulation has been maintained in accordance with Regulation 11 of this Chapter and that it is in good



working condition. Such intermediate surveys shall be endorsed on the Cargo Ship Safety Equipment Certificate issued in accordance with Regulation 12 (a) (iii) of Chapter I of the Convention.

Regulation 10 Surveys of Hull, Machinery and Equipment of Cargo Ships

The existing text of Regulation 10 is replaced by the following: (a) The hull, machinery and equipment (other than items in respect of

which Cargo Ship Safety Equipment Certificates, Cargo Ship Safety Radiotelegraphy Certificates or Cargo Ship Radiotelephony Certificates are issued) of a cargo ship shall be surveyed on completion and thereafter in such a manner as the Administration may consider necessary in order to ensure that their condition is in all respects satisfactory and at the following intervals:

(i) at intervals specified by the Administration but not exceeding five years (periodical surveys);

(ii) in addition to such periodical surveys a tanker of ten years of age and over shall undergo a minimum of one intermediate survey during the period of validity of its Cargo Ship Safety Construction Certificate. In cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be held not before six months prior to, nor later than six months after, the half-way date of the certificate’s period of validity.

(b) The initial and periodical survey shall be such as to ensure that the arrangements material and scantlings of the structure, boilers and other pressure vessels, their appurtenances, main and auxiliary machinery including steering gear and associated control systems, electrical installation and other equipment are in all respects satisfactory for the service for which the ship is intended. Such surveys shall, in the case of tankers, also include inspection of the outside of the ship’s bottom, pump rooms, cargo and bunker piping systems, vent piping, pressure vacuum valves and flame screens.

(c) The intermediate survey of tankers of ten years of age and over shall include inspection of steering gear equipment and associated control systems, pump rooms, cargo and bunker piping systems on deck and in pump rooms, vent piping, pressure vacuum valves and flame screens, the electrical installations in dangerous zones, and the outside of the



ship’s bottom. In addition to the visual inspection of the electrical installation, the insulation resistance of the electrical equipment in dangerous zones is to be tested. If, upon examination, there should be any doubt as to the condition of the piping, extra measures, such as pressure tests and thickness determination, shall be taken as necessary. Such intermediate surveys shall be endorsed on the Cargo Ship Safety Construction Certificate issued in accordance with Regulation 12 (a) (ii) of Chapter I of the Convention.

(d) A survey, either general or partial according to the circumstances, shall be made when required after an investigation prescribed in Regulation 11 of this Chapter, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the ship is fit to proceed to sea without danger to the ship or persons on board.

Regulation 11 Maintenance of Conditions after Survey

The existing text of Regulation 11 is replaced by the following: (a) The condition of the ship and its equipment shall be maintained to

conform with the provisions of the Convention and the present Protocol to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board.

(b) After any survey of the ship under Regulations 6, 7, 8, 9 or 10 of Chapter I of the Convention and the present Protocol has been completed, no change shall be made in the structural arrangement, machinery, equipment and other items covered by the survey, without the sanction of the Administration.

(c) Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a survey, as required by Regulations 6, 7, 8, 9 or 10 of Chapter I of the Convention and the present Protocol, is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the Port State and



the nominated surveyor or recognized organization shall ascertain that such a report has been made.

Regulation 14 Duration and Validity of Certificates

The existing text of Regulation 14 is replaced by the following: (a) Certificates other than the Cargo Ship Safety Construction Certificate,

the Cargo Ship Safety Equipment Certificate and any Exemption Certificate shall be issued for a period not exceeding 12 months. The Cargo Ship Safety Construction Certificate shall be issued for a period not exceeding five years. The Cargo Ship Safety Equipment Certificate shall be issued for a period not exceeding 24 months. Exemption Certificates shall not be valid for longer than the period of the certificates to which they refer.

(b) No extension of the five-year period of validity of the Cargo Ship Safety Construction Certificate shall be permitted.

(c) If a survey takes place within two months before the end of the period for which a Cargo Ship Safety Radiotelegraphy Certificate or a Cargo Ship Safety Radiotelephony Certificate issued in respect of cargo ships of 300 tons gross tonnage and upwards, but less than 500 tons gross tonnage, was originally issued, that certificate may be withdrawn, and a new certificate may be issued which shall expire 12 months after the end of the said period.

(d) If the ship at the time when a certificate, other than that referred to in paragraph (b) of this Regulation, expires is not in a port of the country in which it is registered or is to be surveyed, the Administration may extend the certificate, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the country in which it is registered or is to be surveyed, and then only in cases where it appears proper and reasonable to do so.

(e) No certificate shall be extended under the provisions of paragraph (d) of this Regulation for a longer period than five months, and a ship to which an extension is granted shall not, on its arrival in the country in which it is registered or the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port or country without having obtained a new certificate.



(f) A certificate, other than that referred to in paragraph (b) of this Regulation, which has not been extended under the foregoing provisions of this Regulation, may be extended by the Administration for a period of grace up to one month from the date of expiry stated on it.

(g) A certificate shall cease to be valid: (i) if the inspections and surveys are not carried out within the

periods specified under Regulations 7 (a), 8, 9 and 10 (a) of Chapter I of the Convention and the present Protocol or as they may have been extended in accordance with paragraphs (d), (e) or (f) of this Regulation, or

(ii) upon transfer of the ship to the flag of another Government. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of Regulation 11 (a) and (b) of this Chapter. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificates carried by the ship before the transfer and, if available, copies of the relevant survey reports.

Regulation 19 Control

The existing text of Regulation 19 is replaced by the following: (a) Every ship when in a port of another Party is subject to control by

officers duly authorized by such Government in so far as this control is directed towards verifying that the certificates issued under Regulation 12 or Regulation 13 of Chapter I of the Convention are valid.

(b) Such certificates, if valid, shall be accepted unless there are clear grounds for believing that the condition of the ship or of its equipment does not correspond substantially with the particulars of any of the certificates or that the ship and its equipment are not in compliance with the provisions of Regulation 11 (a) and (b) of this Chapter.

(c) In the circumstances given in paragraph (b) of this Regulation or where a certificate has expired or ceased to be valid, the officer carrying out the control shall take steps to ensure that the ship shall not sail until it



can proceed to sea or leave the port for the purpose of proceeding to the appropriate repair yard without danger to the ship or persons on board.

(d) In the event of this control giving rise to an intervention of any kind, the officer carrying out the control shall forthwith inform, in writing, the Consul or, in his absence, the nearest diplomatic representative of the State whose flag the ship is entitled to fly of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognized organizations responsible for the issue of the certificates shall also be notified. The facts concerning the intervention shall be reported to the Organization.

(e) The Port State authority concerned shall notify all relevant information about the ship to the authorities of the next port of call, in addition to parties mentioned in paragraph (d) of this Regulation, if it is unable to take action as specified in paragraphs (c) and (d) of this Regulation or if the ship has been allowed to proceed to the next port of call.

(f) When exercising control under this Regulation all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is thereby unduly detained or delayed it shall be entitled to compensation for any loss or damage suffered.



CHAPTER II–1

CONSTRUCTION—SUBDIVISION AND STABILITY, MACHINERY AND ELECTRICAL INSTALLATIONS

PART A—GENERAL

Regulation 1 Application

The following sub-paragraphs are added to the existing text of paragraph (b): (iii) Notwithstanding the provisions of sub-paragraph (ii) of this paragraph

and sub-paragraph (a) (iii) of this Regulation, for the purposes of paragraph (d) of Regulation 29 of this Chapter, a new tanker means a tanker:

(1) for which the building contract is placed after 1 June 1979; or (2) in the absence of a building contract, the keel of which is laid, or

which is at a similar stage of construction after 1 January 1980; or

(3) the delivery of which is after 1 June 1982; or (4) which has undergone an alteration or modification of a major

character: (a) for which the contract is placed after 1 June 1979; or (b) in the absence of a contract, the construction work of

which is begun after 1 January 1980; or (c) which is completed after 1 June 1982. (iv) For the purposes of paragraph (d) of Regulation 29 of this Chapter, an

existing tanker is a tanker which is not a new tanker as defined in sub-paragraph (iii) of this paragraph.

(v) For the purposes of sub-paragraph (iii) of this paragraph, conversion of an existing tanker of 20,000 metric tons deadweight and upwards to meet the requirements of the present Protocol or the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, shall not be deemed to constitute an alteration or modification of a major character.




The following paragraphs are added to the existing text: (k) The remote steering gear control system is the means by which required

rudder movements are transmitted from the navigating bridge to the steering gear power unit controls.

(l) The main steering gear is the machinery, the steering gear power units, if any, and ancillary equipment and the means of applying torque to the rudder stock (e.g. tiller or quadrant) necessary for effecting movement of the rudder for the purpose of steering the ship under normal service conditions.

(m) The steering gear power unit is: (i) in the case of electric steering gear, an electric motor and its

associated electrical equipment; (ii) in the case of electro-hydraulic steering gear, an electric motor

and its associated electrical equipment and connected pump; (iii) in the case of other hydraulic steering gear, a driving engine and

connected pump. (n) The auxiliary steering gear is that equipment which is provided for

effecting movement of the rudder for the purpose of steering the ship in the event of failure of the main steering gear.

PART C—MACHINERY AND ELECTRICAL INSTALLATIONS

Regulation 29 Steering Gear

The following paragraph is added to the existing text: (d) Tankers only (i) The following shall apply to every new tanker of 10,000 tons

gross tonnage and upwards and, not later than two years from the date of entry into force of the present Protocol, to every existing tanker of 10,000 tons gross tonnage and upwards:

(1) two remote steering gear control systems shall be provided, each of which shall be operable separately from the navigating bridge. This does not require duplication of the



steering wheel or steering lever. In the event of failure of the remote steering gear control system in operation, the other system shall be capable of being brought into immediate operation from a position on the navigating bridge. Each remote steering gear control system, if electric, shall be served by its own separate circuit supplied from the steering gear power circuit from a point within the steering gear compartment. In the event of failure of electrical power supply to a remote steering gear control system an alarm shall be given on the navigating bridge. The alarms required in this sub-paragraph shall be both audible and visual and situated in a position on the navigating bridge where they can be readily observed;

(2) control of the main steering gear shall also be provided in the steering gear compartment;

(3) means shall be provided in the steering gear compartment to disconnect the remote steering gear control system from the power circuit;

(4) a means of communication shall be provided between the navigating bridge and the steering gear compartment;

(5) the exact angular position of the rudder shall be indicated on the navigating bridge. The rudder angle indication shall be independent of the remote steering gear control system; and

(6) the angular position of the rudder shall be recognizable in the steering gear compartment.

(ii) In every new tanker of 10,000 tons gross tonnage and upwards, in addition to the requirements of paragraph (a) and sub-paragraph (d) (i) of this Regulation, the following shall apply:

(1) the main steering gear shall comprise two or more identical power units and it shall be capable of operating the rudder as required by sub-paragraph (d) (ii) (2) of this Regulation while operating with one or more power units. As far as reasonable and practicable, the main steering gear shall be so arranged that a single failure in its piping or in one of the power units will not impair the integrity of the remaining part of the steering gear. All mechanical couplings which are part of the steering gear and the



mechanical connexion with any remote steering gear control system, if any, shall be of sound and reliable construction to the satisfaction of the Administration;

(2) the main steering gear shall, with the ship at its deepest sea-going draught, be capable of putting the rudder over from 35 degrees on one side to 35 degrees on the other side with the ship running ahead at maximum service speed. The rudder shall be capable of being put over from 35 degrees on either side to 30 degrees on the other side in not more than 28 seconds, under the same conditions;

(3) the main steering gear shall be operated by power where necessary to fulfil the requirements of sub-paragraph (d) (ii) (2) of this Regulation;

(4) the main steering gear power units shall be arranged to start automatically when power is restored after a power failure;

(5) in the event of failure of any of the steering gear power units an alarm shall be given on the navigating bridge. Every steering gear power unit shall be capable of being brought into operation either automatically or manually from a position on the navigating bridge; and

(6) an alternative power supply, at least sufficient to supply a steering gear power unit so as to enable it to move the rudder as specified below, and also to supply its associated remote steering gear control system and the rudder angle indicator, shall be provided, automatically, within 45 seconds, either from the emergency source of electrical power, or from another independent source of power located in the steering gear compartment. This independent source of power shall be used only for this purpose and shall have a capacity sufficient for half an hour of continuous operation. The steering gear power unit, when being supplied by the alternative power supply, shall at least be capable of putting the rudder over from 15 degrees on one side to 15 degrees on the other side in not more than 60 seconds with the ship at its deepest sea-going draught while running at one half of its maximum service speed ahead or 7 knots, whichever is the greater.



CHAPTER II–2

CONSTRUCTION—FIRE PROTECTION, FIRE DETECTION AND FIRE EXTINCTION

PART A—GENERAL


The following sub-paragraphs are added to the existing text of paragraph (a): (iv) Notwithstanding the provisions of sub-paragraphs (ii) and (iii) of this

paragraph, for the purposes of paragraph (a) (ii) of Regulation 55 and of Regulation 60 of this Chapter, a new tanker means a tanker:

(1) for which the building contract is placed after 1 June 1979; or (2) in the absence of a building contract, the keel of which is laid, or

which is at a similar stage of construction after 1 January 1980; or

(3) the delivery of which is after 1 June 1982; or (4) which has undergone an alteration or modification of a major

character: (a) for which the contract is placed after 1 June 1979; or (b) in the absence of a contract, the construction work of

which is begun after 1 January 1980; or (c) which is completed after 1 June 1982. (v) For the purposes of paragraph (a) (ii) of Regulation 55 and of

Regulation 60 of this Chapter, an existing tanker is a tanker which is not a new tanker as defined in sub-paragraph (iv) of this paragraph.

(vi) For the purposes of sub-paragraph (iv) of this paragraph, conversion of an existing tanker of 20,000 metric tons deadweight and upwards to meet the requirements of the present Protocol or the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 shall not be deemed to constitute an alteration or modification of a major character.




The existing text of paragraph (v) is replaced by the following: (v) “Lightweight” means the displacement of a ship in metric tons without

cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, and passengers and crew and their effects.

The following paragraph is added to the existing text: (x) “Crude oil” means any oil occurring naturally in the earth whether or

not treated to render it suitable for transportation and includes: (i) crude oil from which certain distillate fractions may have been

removed; and (ii) crude oil to which certain distillate fractions may have been

added.

PART E—FIRE SAFETY MEASURES FOR TANKERS


The existing text of this Regulation is replaced by the following: (a) Unless expressly provided otherwise: (i) this Part shall apply to all new tankers carrying crude oil and

petroleum products having a flashpoint not exceeding 60 degrees C (140 degrees F) (closed cup test) as determined by an approved flashpoint apparatus and a Reid vapour pressure which is below atmospheric pressure and other liquid products having a similar fire hazard; and

(ii) in addition, all ships covered by this Part shall comply with the requirements of Regulations 52, 53 and 54 of Chapter II–2 of the Convention except that fixed gas fire-extinguishing systems for cargo spaces shall not be used for new tankers and for those existing tankers complying with Regulation 60 of this Chapter. For existing tankers not required to comply with Regulation 60, the Administration, in applying the requirements of paragraph (f) of Regulation 52, may accept a froth system capable of discharging froth internally or externally to the tanks. The details of the installation shall be to the satisfaction of the Administration.



(b) Where cargoes other than those referred to in sub-paragraph (a) (i) of this Regulation which introduce additional fire hazards are intended to be carried, additional safety measures shall be required to the satisfaction of the Administration.

(c) Combination carriers shall not carry solid cargoes unless all cargo tanks are empty of oil and gas freed or unless, in each case, the Administration is satisfied with the arrangements provided.

Regulation 60 Cargo Tank Protection

The existing text of this Regulation is replaced by the following: (a) For new tankers of 20,000 metric tons deadweight and upwards, the

protection of the cargo tanks deck area and cargo tanks shall be achieved by a fixed deck froth system and a fixed inert gas system in accordance with the requirements of Regulations 61 and 62 of Chapter II–2 of the Convention except that in lieu of the above installations the Administration, after having given consideration to the ship’s arrangement and equipment, may accept other combinations of fixed installations if they afford protection equivalent to the above, in accordance with Regulation 5 of Chapter I of the Convention.

(b) To be considered equivalent, the system proposed in lieu of the deck froth system shall:

(i) be capable of extinguishing spill fires and also preclude ignition of spilled oil not yet ignited; and

(ii) be capable of combating fires in ruptured tanks. (c) To be considered equivalent, the system proposed in lieu of the fixed

inert gas system shall: (i) be capable of preventing dangerous accumulations of explosive

mixtures in intact cargo tanks during normal service throughout the ballast voyage and necessary in-tank operations; and

(ii) be so designed as to minimize the risk of ignition from the generation of static electricity by the system itself.

(d) Any existing tanker of 20,000 metric tons deadweight and upwards engaged in the trade of carrying crude oil shall be fitted with an inert gas system, complying with the requirements of paragraph (a) of this Regulation, not later than a date:

(i) for a tanker of 70,000 metric tons deadweight and upwards, two years after the date of entry into force of the present Protocol; and



(ii) for a tanker of less than 70,000 metric tons deadweight, four years after the date of entry into force of the present Protocol, except that for tankers less than 40,000 tons deadweight not fitted with tank washing machines having an individual throughput of greater than 60 cubic metres per hour, the Administration may exempt existing tankers from the requirements of this paragraph, if it would be unreasonable and impracticable to apply these requirements, taking into account the ship’s design characteristics.

(e) Any existing tanker of 40,000 metric tons deadweight and upwards engaged in the trade of carrying oil other than crude oil and any such tanker of 20,000 metric tons deadweight and upwards engaged in the trade of carrying oil other than crude oil fitted with tank washing machines having an individual throughput of greater than 60 cubic metres per hour shall be fitted with an inert gas system, complying with the requirements of paragraph (a) of this Regulation, not later than a date:

(i) for a tanker of 70,000 metric tons deadweight and upwards, two years after the date of entry into force of the present Protocol; and

(ii) for a tanker of less than 70,000 metric tons deadweight, four years after the date of entry into force of the present Protocol.

(f) Any tanker operating with a cargo tank cleaning procedure using crude oil washing shall be fitted with an inert gas system complying with the requirements of Regulation 62 of Chapter II-2 of the Convention and with fixed tank washing machines.

(g) All tankers fitted with a fixed inert gas system shall be provided with a closed ullage system.

(h) Any new tanker of 2,000 tons gross tonnage and upwards not covered by paragraph (a) of this Regulation shall be provided with a froth system, capable of discharging froth internally or externally, to the tanks. The details of such installation shall be to the satisfaction of the Administration.



CHAPTER V

SAFETY OF NAVIGATION

Regulation 12 Shipborne Navigational Equipment

The existing text of paragraph (a) is replaced by the following: (a) All ships of 1,600 tons gross tonnage and upwards but less than 10,000

tons gross tonnage shall be fitted with at least one radar. All ships of 10,000 tons gross tonnage and upwards shall be fitted with at least two radars, each capable of operating independently of the other. All radars fitted in compliance with this Regulation shall be of a type approved by the Administration and shall conform to operational standards not inferior to those adopted by the Organization. Facilities for plotting radar readings shall be provided on the bridge in those ships.

Regulation 19 Use of the Automatic Pilot

The following paragraph is added to the existing text: (d) The manual steering shall be tested after prolonged use of the automatic

pilot, and before entering areas where navigation demands special caution.

The following new Regulations are added to this Chapter:

Regulation 19-1 Operation of Steering Gear

In areas where navigation demands special caution, ships shall have more than one steering gear power unit in operation when such units are capable of simultaneous operation.



Regulation 19-2 Steering Gear—Testing and Drills

(a) Within 12 hours before departure, the ship’s steering gear shall be checked and tested by the ship’s crew. The test procedure shall include, where applicable, the operation of the following.

(i) the main steering gear; (ii) the auxiliary steering gear; (iii) the remote steering gear control systems; (iv) the steering positions located on the navigating bridge; (v) the emergency power supply; (vi) the rudder angle indicators in relation to the actual position of the

rudder; (vii) the remote steering gear control system power failure alarms; and (viii) the steering gear power unit failure alarms. (b) The checks and tests shall include: (i) the full movement of the rudder according to the required

capabilities of the steering gear; (ii) a visual inspection of the steering gear and its connecting linkage;

and (iii) the operation of the means of communication between the

navigating bridge and steering gear compartment. (c) (i) Simple operating instructions with a block diagram showing the

change-over procedures for remote steering gear control systems and steering gear power units shall be permanently displayed on the navigating bridge and in the steering gear compartment.

(ii) All officers concerned with the operation and/or maintenance of steering gear shall be familiar with the operation of the steering systems fitted on the ship and with the procedures for changing from one system to another.

(d) In addition to the routine checks and tests prescribed in paragraphs (a) and (b) of this Regulation, emergency steering drills shall take place at least once every three months in order to practise emergency steering procedures. These drills shall include direct control from within the steering gear compartment, the communications procedure with the navigating bridge and, where applicable, the operation of alternative power supplies.



(e) The Administration may waive the requirement to carry out the checks and tests prescribed in paragraphs (a) and (b) of this Regulation for ships which regularly ply on voyages of short duration. Such ships shall carry out these checks and tests at least once every week.

(f) The date upon which the checks and tests prescribed in paragraphs (a) and (b) of this Regulation are carried out and the date and details of emergency steering drills carried out under paragraph (d) of this Regulation, shall be recorded in the log book as may be prescribed by the Administration.



APPENDIX Form of Safety Construction Certificate for Cargo Ships

The following form of Supplement is added to the existing form: SUPPLEMENT TO THE CARGO SHIP SAFETY CONSTRUCTION

CERTIFICATE (Official Seal) (Country)

Issued under the provisions of the

PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

Name of Ship Distinctive Number or

Letters

Port of Registry Deadweight of Ship (metric tons)

Year of Build

Type of ship: Tanker engaged in the trade of carrying crude oil* Tanker engaged in the trade of carrying oil other than crude oil* Tanker engaged in the trade of carrying crude/other oil* Cargo ship other than a tanker engaged in the trade of carrying oil*

Date of contract for building or alteration or modification of a major character .................................................................................................................

Date on which keel was laid or ship was at a similar stage of construction or on which an alteration or modification of a major character was commenced............................................................................................................. Date of delivery or completion of an alteration or modification of a major character .................................................................................................................

* Delete as appropriate.

This Supplement shall be permanently attached to the Cargo Ship Safety Construction Certificate.



THIS IS TO CERTIFY: That the ship has been surveyed in accordance with Regulation 10 of

Chapter I of the Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974; and

that the survey showed that the condition of the hull, machinery and equipment as defined in the above Regulation was in all respects satisfactory and that the ship complied with the requirements of that Protocol.

This certificate is valid until.................................... subject to intermediate survey(s) at intervals of ................................................

Issued at............................................................................................................. (Place of issue of certificate)

....................................... 19............ ............................................................. (Signature of duly authorized official

issuing the certificate) (Seal or stamp of the issuing Authority, as appropriate)

INTERMEDIATE SURVEY This is to certify that at an intermediate survey required by Regulation 10 of Chapter I of the Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974, this ship was found to comply with the relevant provisions of that Protocol.

Signed ............................................................................................................. (Signature of duly authorized official)

Place. ............................................................................................................... Date ................................................................................................................. Next intermediate survey due..........................................................................

(Seal or stamp of the Authority, as appropriate) Signed..............................................................................................................

(Signature of duly authorized official) Place ................................................................................................................ Date ................................................................................................................. Next intermediate survey due..........................................................................


(Signature of duly authorized official) Place ................................................................................................................ Date ................................................................................................................. Next intermediate survey due..........................................................................




(Signature of duly authorized official) Place ................................................................................................................ Date .................................................................................................................

(Seal or stamp of the Authority, as appropriate)

Form of Safety Equipment Certificate for Cargo Ships The following form of Supplement is added to existing form:

SUPPLEMENT TO THE CARGO SHIP SAFETY EQUIPMENT CERTIFICATE

(Official Seal) (Country) Issued under the provisions of the

PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

Name of Ship Distinctive Number or

Letters

Port of Registry

Deadweight of Ship (metric tons)

Year of Build

Type of ship: Tanker engaged in the trade of carrying crude oil* Tanker engaged in the trade of carrying oil other than crude oil* Tanker engaged in the trade of carrying crude/other oil* Cargo ship other than a tanker engaged in the trade of carrying oil*

Date of contract for building or alteration or modification of a major character .................................................................................................................

Date on which keel was laid or ship was at a similar stage of construction or on which an alteration or modification of a major character was commenced............................................................................................................. Date of delivery or completion of an alteration or modification of a major character .................................................................................................................

* Delete as appropriate.

This Supplement shall be permanently attached to the Cargo Ship Safety Equipment Certificate.



THIS IS TO CERTIFY: That the ship has been surveyed in accordance with Regulation 8 of

Chapter I of the Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974; and

that the survey showed that the condition of the safety equipment as defined in the above Regulation was in all respects satisfactory and that the ship complied with the requirements of that Protocol.

This certificate is valid until.......................................................... subject to intermediate survey(s) at intervals of .....................................................................

Issued at .......................................................................................................... (Place of issue of certificate) .............................. 19 ............. .......................................................................

(Signature of duly authorized official issuing the certificate)

(Seal or stamp of the issuing Authority, as appropriate)

INTERMEDIATE SURVEY This is to certify that at an intermediate survey required by Regulation 8 of Chapter I of the Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974, the ship was found to comply with the relevant provisions of that Protocol.


Place ................................................................................................................ Date ................................................................................................................. Next intermediate survey due..........................................................................

(Seal or stamp of the Authority, as appropriate) Signed .............................................................................................................

(Signature of duly authorized official) Place ................................................................................................................ Date.................................................................................................................

(Seal or stamp of the Authority, as appropriate) Under the provisions of Regulation 14 of Chapter I of the Protocol the validity of this Certificate is extended until.........................................................................


Place ................................................................................................................ Date .................................................................................................................

(Seal or stamp of the Authority, as appropriate)

Schedule 3 Convention on the International Regulations for Preventing Collisions at Sea, 1972


Schedule 3—Convention on the International Regulations for Preventing Collisions at Sea, 1972

Subsection 187A(1)

ARTICLE I General Obligations

The Parties to the present Convention undertake to give effect to the Rules and other Annexes constituting the International Regulations for Preventing Collisions at Sea, 1972, (hereinafter referred to as “the Regulations”) attached hereto.

ARTICLE II Signature, Ratification, Acceptance, Approval and Accession

1. The present Convention shall remain open for signature until 1 June 1973 and shall thereafter remain open for accession.

2. States Members of the United Nations, or of any of the Specialized Agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to this Convention by: (a) signature without reservation as to ratification, acceptance or approval; (b) signature subject to ratification, acceptance or approval followed by


3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”) which shall inform the Governments of States that have signed or acceded to the present Convention of the deposit of each instrument and of the date of its deposit.

ARTICLE III Territorial Application

1. The United Nations in cases where they are the administering authority for a territory or any Contracting Party responsible for the international relations

Convention on the International Regulations for Preventing Collisions at Sea, 1972 Schedule 3


of a territory may at any time by notification in writing to the Secretary-General of the Organization (hereinafter referred to as “the Secretary-General”), extend the application of this Convention to such a territory.

2. The present Convention shall, upon the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.

3. Any notification made in accordance with paragraph 1 of this Article may be withdrawn in respect of any territory mentioned in that notification and the extension of this Convention to that territory shall cease to apply after one year or such longer period as may be specified at the time of the withdrawal.

4. The Secretary-General shall inform all Contracting Parties of the notification of any extension or withdrawal of any extension communicated under this Article.

ARTICLE IV Entry into force

1. (a) The present Convention shall enter into force twelve months after the date on which at least 15 States, the aggregate of whose merchant fleets constitutes not less than 65 per cent by number or by tonnage of the world fleet of vessels of 100 gross tons and over have become Parties to it, whichever is achieved first.

(b) Notwithstanding the provisions in sub-paragraph (a) of this paragraph, the present Convention shall not enter into force before 1 January 1976.

2. Entry into force for States which ratify, accept, approve or accede to this Convention in accordance with Article II after the conditions prescribed in sub-paragraph 1 (a) have been met and before the Convention enters into force, shall be on the date of entry into force of the Convention.

3. Entry into force for States which ratify, accept, approve or accede after the date on which this Convention enters into force, shall be on the date of deposit of an instrument in accordance with Article II.

4. After the date of entry into force of an amendment to this Convention in accordance with paragraph 4 of Article VI, any ratification, acceptance, approval or accession shall apply to the Convention as amended.

5. On the date of entry into force of this Convention, the Regulations replace and abrogate the International Regulations for Preventing Collisions at Sea, 1960.



6. The Secretary-General shall inform the Governments of States that have signed or acceded to this Convention of the date of its entry into force.

ARTICLE V Revision Conference

1. A Conference for the purpose of revising this Convention or the Regulations or both may be convened by the Organization.

2. The Organization shall convene a Conference of Contracting Parties for the purpose of revising this Convention or the Regulations or both at the request of not less than one-third of the Contracting Parties.

ARTICLE VI Amendments to the Regulations

1. Any amendment to the Regulations proposed by a Contracting Party shall be considered in the Organization at the request of that Party.

2. If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization, such amendment shall be communicated to all Contracting Parties and Members of the Organization at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate when the amendment is considered by the Assembly.

3. If adopted by a two-thirds majority of those present and voting in the Assembly, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.

4. Such an amendment shall enter into force on a date to be determined by the Assembly at the time of its adoption unless, by a prior date determined by the Assembly at the same time, more than one-third of the Contracting Parties notify the Organization of their objection to the amendment. Determination by the Assembly of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting.

5. On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers.

6. The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this Article and the date on which any amendment enters into force.



ARTICLE VII Denunciation

1. The present Convention may be denounced by a Contracting Party at any time after the expiry of five years from the date on which the Convention entered into force for that Party.

2. Denunciation shall be effected by the deposit of an instrument with the Organization. The Secretary-General shall inform all other Contracting Parties of the receipt of the instrument of denunciation and of the date of its deposit.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument, after its deposit.

ARTICLE VIII Deposit and Registration

1. The present Convention and the Regulations shall be deposited with the Organization, and the Secretary-General shall transmit certified true copies thereof to all Governments of States that have signed this Convention or acceded to it.

2. When the present Convention enters into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

ARTICLE IX Languages

The present Convention is established, together with the Regulations, in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.



INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

PART A—GENERAL

RULE 1 Application

(a) These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.

(c) Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any State with respect to additional station or signal lights or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights for fishing vessels engaged in fishing as a fleet. These additional station or signal lights or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light or signal authorized elsewhere under these Rules.

(d) Traffic separation schemes may be adopted by the Organization for the purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, without interfering with the special function of the vessel, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect to that vessel.



RULE 2 Responsibility

(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.

RULE 3 General Definitions

For the purpose of these Rules, except where the context otherwise requires: (a) The word “vessel” includes every description of water craft, including

non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.

(b) The term “power-driven vessel” means any vessel propelled by machinery.

(c) The term “sailing vessel” means any vessel under sail provided that propelling machinery, if fitted, is not being used.

(d) The term “vessel engaged in fishing” means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.

(e) The word “seaplane” includes any aircraft designed to manoeuvre on the water.

(f) The term “vessel not under command” means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

(g) The term “vessel restricted in her ability to manoeuvre” means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

The following vessels shall be regarded as vessels restricted in their ability to manoeuvre:



(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;

(ii) a vessel engaged in dredging, surveying or underwater operations;

(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;

(iv) a vessel engaged in the launching or recovery of aircraft; (v) a vessel engaged in minesweeping operations; (vi) a vessel engaged in a towing operation such as severely restricts

the towing vessel and her tow in their ability to deviate from their course.

(h) The term “vessel constrained by her draught” means a power-driven vessel which because of her draught in relation to the available depth of water is severely restricted in her ability to deviate from the course she is following.

(i) The word “underway” means that a vessel is not at anchor, or made fast to the shore, or aground.

(j) The words “length” and “breadth” of a vessel mean her length overall and greatest breadth.

(k) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.

(l) The term “restricted visibility”means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.

PART B—STEERING AND SAILING RULES

SECTION I—CONDUCT OF VESSELS IN ANY CONDITION OF VISIBILITY

RULE 4 Application

Rules in this Section apply in any condition of visibility.



RULE 5 Look-out

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

RULE 6 Safe speed

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels: (i) the state of visibility; (ii) the traffic density including concentrations of fishing vessels or

any other vessels; (iii) the manoeuvrability of the vessel with special reference to

stopping distance and turning ability in the prevailing conditions; (iv) at night the presence of background light such as from shore

lights or from back scatter of her own lights; (v) the state of wind, sea and current, and the proximity of

navigational hazards; (vi) the draught in relation to the available depth of water.

(b) Additionally, by vessels with operational radar: (i) the characteristics, efficiency and limitations of the radar

equipment; (ii) any constraints imposed by the radar range scale in use; (iii) the effect on radar detection of the sea state, weather and other

sources of interference; (iv) the possibility that small vessels, ice and other floating objects

may not be detected by radar at an adequate range; (v) the number, location and movement of vessels detected by radar; (vi) the more exact assessment of the visibility that may be possible

when radar is used to determine the range of vessels or other objects in the vicinity.



RULE 7 Risk of Collision

(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

(b) Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.

(c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.

(d) In determining if risk of collision exists the following considerations shall be among those taken into account:

(i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change;

(ii) such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.

RULE 8 Action to avoid collision

(a) Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

(b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

(c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.

(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.

(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.



RULE 9 Narrow channels

(a) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

(b) A vessel of less than 20 metres in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel may use the sound signal prescribed in Rule 34 (d) if in doubt as to the intention of the crossing vessel.

(e) (i) In a narrow channel or fairway when overtaking can take place only if the vessel to be overtaken has to take action to permit safe passing, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in Rule 34 (c) (i). The vessel to be overtaken shall, if in agreement, sound the appropriate signal prescribed in Rule 34 (c) (ii) and take steps to permit safe passing. If in doubt she may sound the signals prescribed in Rule 34 (d).

(ii) This Rule does not relieve the overtaking vessel of her obligation under Rule 13.

(f) A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in Rule 34 (e).

(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

RULE 10 Traffic separation schemes

(a) This Rule applies to traffic separation schemes adopted by the Organization.

(b) A vessel using a traffic separation scheme shall: (i) proceed in the appropriate traffic lane in the general direction of

traffic flow for that lane;



(ii) so far as practicable keep clear of a traffic separation line or separation zone;

(iii) normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from the side shall do so at as small an angle to the general direction of traffic flow as practicable.

(c) A vessel shall so far as practicable avoid crossing traffic lanes, but if obliged to do so shall cross as nearly as practicable at right angles to the general direction of traffic flow.

(d) Inshore traffic zones shall not normally be used by through traffic which can safely use the appropriate traffic lane within the adjacent traffic separation scheme.

(e) A vessel, other than a crossing vessel, shall not normally enter a separation zone or cross a separation line except:

(i) in cases of emergency to avoid immediate danger; (ii) to engage in fishing within a separation zone. (f) A vessel navigating in areas near the termination of traffic separation

schemes shall do so with particular caution. (g) A vessel shall so far as practicable avoid anchoring in a traffic separation

scheme or in areas near its terminations. (h) A vessel not using a traffic separation scheme shall avoid it by as wide a

margin as is practicable. (i) A vessel engaged in fishing shall not impede the passage of any vessel

following a traffic lane. (j) A vessel of less than 20 metres in length or a sailing vessel shall not

impede the safe passage of a power-driven vessel following a traffic lane.

SECTION II—CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER

RULE 11 Application

Rules in this Section apply to vessels in sight of one another.

RULE 12 Sailing vessels

(a) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:



(i) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;

(ii) when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward;

(iii) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.

(b) For the purposes of this Rule the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.

RULE 13 Overtaking

(a) Notwithstanding anything contained in the Rules of this Section any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

(b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.

(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.

(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

RULE 14 Head on situation

(a) When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the



other in a line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.

(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.

RULE 15 Crossing Situation

When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

RULE 16 Action by give-way vessel

Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

RULE 17 Action by stand-on vessel

(a) (i) Where one of two vessels is to keep out of the way the other shall keep her course and speed.

(ii) The latter vessel may however take action to avoid collision by her manoeuvre alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules.

(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.

(c) A power-driven vessel which takes action in a crossing situation in accordance with sub-paragraph (a) (ii) of this Rule to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side.

(d) This Rule does not relieve the give-way vessel of her obligation to keep out of the way.



RULE 18 Responsibilities between vessels

Except where Rules 9, 10 and 13 otherwise require: (a) A power-driven vessel underway shall keep out of the way of:

(i) a vessel not under command; (ii) a vessel restricted in her ability to manoeuvre; (iii) a vessel engaged in fishing; (iv) a sailing vessel.

(b) A sailing vessel underway shall keep out of the way of: (i) a vessel not under command; (ii) a vessel restricted in her ability to manoeuvre; (iii) a vessel engaged in fishing.

(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of:

(i) a vessel not under command; (ii) a vessel restricted in her ability to manoeuvre.

(d) (i) Any vessel other than a vessel not under command or a vessel restricted in her ability to manoeuvre shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draught, exhibiting the signals in Rule 28.

(ii) A vessel constrained by her draught shall navigate with particular caution having full regard to her special condition.

(e) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this Part.

SECTION III—CONDUCT OF VESSELS IN RESTRICTED VISIBILITY

RULE 19 Conduct of vessels in restricted visibility

(a) This Rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.

(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power-driven vessel shall have her engines ready for immediate manoeuvre.



(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with the Rules of Section I of this Part.

(d) A vessel which detects by radar alone the presence of another vessel shall determine if a close-quarters situation is developing and/or risk of collision exists. If so, she shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided:

(i) an alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken;

(ii) an alteration of course towards a vessel abeam or abaft the beam. (e) Except where it has been determined that a risk of collision does not exist,

every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme caution until danger of collision is over.

PART C—LIGHTS AND SHAPES

RULE 20 Application

(a) Rules in this Part shall be complied with in all weathers. (b) The Rules concerning lights shall be complied with from sunset to sunrise,

and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.

(c) The lights prescribed by these Rules shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.

(d) The Rules concerning shapes shall be complied with by day. (e) The lights and shapes specified in these Rules shall comply with the

provisions of Annex I to these Regulations.

RULE 21 Definitions



(a) “Masthead light” means a white light placed over the fore and aft centreline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel.

(b) “Sidelights” means a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. In a vessel of less than 20 metres in length the sidelights may be combined in one lantern carried on the fore and aft centreline of the vessel.

(c) “Sternlight” means a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel.

(d) “Towing light” means a yellow light having the same characteristics as the “sternlight” defined in paragraph © of this Rule.

(e) “All-round light” means a light showing an unbroken light over an arc of the horizon of 360 degrees.

(f) “Flashing light” means a light flashing at regular intervals at a frequency of 120 flashes or more per minute.

RULE 22 Visibility of Lights

The lights prescribed in these Rules shall have an intensity as specified in Section 8 of Annex I to these Regulations so as to be visible at the following minimum ranges: (a) In vessels of 50 metres or more in length: —a masthead light, 6 miles; —a sidelight, 3 miles; —a sternlight, 3 miles; —a towing light, 3 miles; —a white, red, green or yellow all-round light, 3 miles. (b) In vessels of 12 metres or more in length but less than 50 metres in length:

—a masthead light, 5 miles; except that where the length of the vessel is less than 20 metres, 3 miles;

—a sidelight, 2 miles; —a sternlight, 2 miles; —a towing light, 2 miles; —a white, red, green or yellow all-round light, 2 miles.



(c) In vessels of less than 12 metres in length: —a masthead light, 2 miles; —a sidelight, 1 mile; —a sternlight, 2 miles; —a towing light, 2 miles; —a white, red, green or yellow all-round light, 2 miles.

RULE 23 Power-driven vessels underway

(a) A power-driven vessel underway shall exhibit: (i) a masthead light forward; (ii) a second masthead light abaft of and higher than the forward one;

except that a vessel of less than 50 metres in length shall not be obliged to exhibit such light but may do so;

(iii) sidelights; (iv) a sternlight.

(b) An air-cushion vessel when operating in the non-displacement mode shall, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit an all-round flashing yellow light.

(c) A power-driven vessel of less than 7 metres in length and whose maximum speed does not exceed 7 knots may, in lieu of the lights prescribed in paragraph (a) of this Rule, exhibit an all-round white light. Such vessel shall, if practicable, also exhibit sidelights.

RULE 24 Towing and pushing

(a) A power-driven vessel when towing shall exhibit: (i) instead of the light prescribed in Rule 23 (a) (i), two masthead

lights forward in a vertical line. When the length of the tow, measuring from the stern of the towing vessel to the after end of the tow exceeds 200 metres, three such lights in a vertical line;

(ii) sidelights; (iii) a sternlight; (iv) a towing light in a vertical line above the sternlight; (v) when the length of the tow exceeds 200 metres, a diamond shape

where it can best be seen.



(b) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and exhibit the lights prescribed in Rule 23.

(c) A power-driven vessel when pushing ahead or towing alongside, except in the case of a composite unit, shall exhibit:

(i) instead of the light prescribed in Rule 23 (a) (i), two masthead lights forward in a vertical line;

(ii) sidelights; (iii) a sternlight.

(d) A power-driven vessel to which paragraphs (a) and (c) of this Rule apply shall also comply with Rule 23 (a) (ii).

(e) A vessel or object being towed shall exhibit: (i) sidelights; (ii) a sternlight; (iii) when the length of the tow exceeds 200 metres, a diamond shape

where it can best be seen. (f) Provided that any number of vessels being towed alongside or pushed in a

group shall be lighted as one vessel, (i) a vessel being pushed ahead, not being part of a composite unit,

shall exhibit at the forward end, sidelights; (ii) a vessel being towed alongside shall exhibit a sternlight and at

the forward end, sidelights. (g) Where from any sufficient cause it is impracticable for a vessel or object

being towed to exhibit the lights prescribed in paragraph (e) of this Rule, all possible measures shall be taken to light the vessel or object towed or at least to indicate the presence of the unlighted vessel or object.

RULE 25 Sailing vessels underway and vessels under oars

(a) A sailing vessel underway shall exhibit: (i) sidelights; (ii) a sternlight.

(b) In a sailing vessel of less than 12 metres in length the lights prescribed in paragraph (a) of this Rule may be combined in one lantern carried at or near the top of the mast where it can best be seen.

(c) A sailing vessel underway may, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red



and the lower green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by paragraph (b) of this Rule.

(d) (i) A sailing vessel of less than 7 metres in length shall, if practicable, exhibit the lights prescribed in paragraph (a) or (b) of this Rule, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(ii) A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downwards.

RULE 26 Fishing vessels

(a) A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in this Rule.

(b) A vessel when engaged in trawling, by which is meant the dragging through the water of a dredge net or other apparatus used as a fishing appliance, shall exhibit:

(i) two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket;

(ii) a masthead light abaft of and higher than the all-round green light; a vessel of less than 50 metres in length shall not be obliged to exhibit such a light but may do so;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(c) A vessel engaged in fishing, other than trawling, shall exhibit: (i) two all-round lights in a vertical line, the upper being red and the

lower white, or a shape consisting of two cones with apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket;



(ii) when there is outlying gear extending more than 150 metres horizontally from the vessel, an all-round white light or a cone apex upwards in the direction of the gear;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(d) A vessel engaged in fishing in close proximity to other vessels engaged in fishing may exhibit the additional signals described in Annex II to these Regulations.

(e) A vessel when not engaged in fishing shall not exhibit the lights or shapes prescribed in this Rule, but only those prescribed for a vessel of her length.

RULE 27 Vessels not under command or restricted in their ability to manoeuvre

(a) A vessel not under command shall exhibit: (i) two all-round red lights in a vertical line where they can best be

seen; (ii) two balls or similar shapes in a vertical line where they can best

be seen; (iii) when making way through the water, in addition to the lights

prescribed in this paragraph, sidelights and a sternlight. (b) A vessel restricted in her ability to manoeuvre, except a vessel engaged in

minesweeping operations, shall exhibit: (i) three all-round lights in a vertical line where they can best be

seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(ii) three shapes in a vertical line where they can best be seen. The highest and lowest of these shapes shall be balls and the middle one a diamond;

(iii) when making way through the water, masthead lights, sidelights and a sternlight, in addition to the lights prescribed in sub-paragraph (i);

(iv) when at anchor, in addition to the lights or shapes prescribed in sub-paragraphs (i) and (ii), the light, lights or shape prescribed in Rule 30.

(c) A vessel engaged in a towing operation such as renders her unable to deviate from her course shall, in addition to the lights or shapes prescribed in sub-paragraphs (b) (i) and (ii) of this Rule, exhibit the lights or shape prescribed in Rule 24 (a).



(d) A vessel engaged in dredging or underwater operations, when restricted in her ability to manoeuvre, shall exhibit the lights and shapes prescribed in paragraph (b) of this Rule and shall in addition, when an obstruction exists, exhibit:

(i) two all-round red lights or two balls in a vertical line to indicate the side on which the obstruction exists;

(ii) two all-round green lights or two diamonds in a vertical line to indicate the side on which another vessel may pass;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, masthead lights, sidelights and a sternlight;

(iv) a vessel to which this paragraph applies when at anchor shall exhibit the lights or shapes prescribed in sub-paragraphs (i) and (ii) instead of the lights or shape prescribed in Rule 30.

(e) Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit the shapes prescribed in paragraph (d) of this Rule, a rigid replica of the International Code flag “A” not less than 1 metre in height shall be exhibited. Measures shall be taken to ensure all-round visibility.

(f) A vessel engaged in minesweeping operations shall, in addition to the lights prescribed for a power-driven vessel in Rule 23, exhibit three all-round green lights or three balls. One of these lights or shapes shall be exhibited at or near the foremast head and one at each end of the fore yard. These lights or shapes indicate that it is dangerous for another vessel to approach closer than 1,000 metres astern or 500 metres on either side of the minesweeper.

(g) Vessels of less than 7 metres in length shall not be required to exhibit the lights prescribed in this Rule.

(h) The signals prescribed in this Rule are not signals of vessels in distress and requiring assistance. Such signals are contained in Annex IV to these Regulations.

RULE 28 Vessels constrained by their draught

A vessel constrained by her draught may, in addition to the lights prescribed for power-driven vessels in Rule 23, exhibit where they can best be seen three all-round red lights in a vertical line, or a cylinder.



RULE 29 Pilot vessels

(a) A vessel engaged on pilotage duty shall exhibit: (i) at or near the masthead, two all-round lights in a vertical line, the

upper being white and the lower red; (ii) when underway, in addition, sidelights and a sternlight; (iii) when at anchor, in addition to the lights prescribed in

sub-paragraph (i), the anchor light, lights or shape. (b) A pilot vessel when not engaged on pilotage duty shall exhibit the lights

or shapes prescribed for a similar vessel of her length.

RULE 30 Anchored vessels and vessels aground

(a) A vessel at anchor shall exhibit where it can best be seen: (i) in the fore part, an all-round white light or one ball; (ii) at or near the stern and at a lower level than the light prescribed

in sub-paragraph (i), an all-round white light. (b) A vessel of less than 50 metres in length may exhibit an all-round white

light where it can best be seen instead of the lights prescribed in paragraph (a) of this Rule.

(c) A vessel at anchor may, and a vessel of 100 metres and more in length shall, also use the available working or equivalent lights to illuminate her decks.

(d) A vessel aground shall exhibit the lights prescribed in paragraph (a) or (b) of this Rule and in addition, where they can best be seen:

(i) two all-round red lights in a vertical line; (ii) three balls in a vertical line. (e) A vessel of less than 7 metres in length, when at anchor or aground, not in

or near a narrow channel, fairway or anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shapes prescribed in paragraphs (a), (b) or (d) of this Rule.

RULE 31 Seaplanes

Where it is impracticable for a seaplane to exhibit lights and shapes of the characteristics or in the positions prescribed in the Rules of this Part she shall



exhibit lights and shapes as closely similar in characteristics and position as is possible.

PART D—SOUND AND LIGHT SIGNALS RULE 32

Definitions

(a) The word “whistle” means any sound signalling appliance capable of producing the prescribed blasts and which complies with the specifications in Annex III to these Regulations.

(b) The term “short blast” means a blast of about one second’s duration. (c) The term “prolonged blast” means a blast of from four to six seconds’

duration.

RULE 33 Equipment for sound signals

(a) A vessel of 12 metres or more in length shall be provided with a whistle and a bell and a vessel of 100 metres or more in length shall, in addition, be provided with a gong, the tone and sound of which cannot be confused with that of the bell. The whistle, bell and gong shall comply with the specifications in Annex III to these Regulations. The bell or gong or both may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the required signals shall always be possible.

(b) A vessel of less than 12 metres in length shall not be obliged to carry the sound signalling appliances prescribed in paragraph (a) of this Rule but if she does not, she shall be provided with some other means of making an efficient sound signal.

RULE 34 Manoeuvring and warning signals

(a) When vessels are in sight of one another, a power-driven vessel underway, when manoeuvring as authorized or required by these Rules, shall indicate that manoeuvre by the following signals on her whistle:

—one short blast to mean “I am altering my course to starboard”; —two short blasts to mean “I am altering my course to port”; —three short blasts to mean “I am operating astern propulsion”.



(b) Any vessel may supplement the whistle signals prescribed in paragraph (a) of this Rule by light signals, repeated as appropriate, whilst the manoeuvre is being carried out:

(i) these light signals shall have the following significance: —one flash to mean “I am altering my course to starboard”; —two flashes to mean “I am altering my course to port”; —three flashes to mean “I am operating astern propulsion”; (ii) the duration of each flash shall be about one second, the interval

between flashes shall be about one second, and the interval between successive signals shall be not less than ten seconds;

(iii) the light used for this signal shall, if fitted, be an all-round white light, visible at a minimum range of 5 miles, and shall comply with the provisions of Annex I.

(c) When in sight of one another in a narrow channel or fairway: (i) a vessel intending to overtake another shall in compliance with

Rule 9 (e) (i) indicate her intention by the following signals on her whistle:

—two prolonged blasts followed by one short blast to mean “I intend to overtake you on your starboard side”;

—two prolonged blasts followed by two short blasts to mean “I intend to overtake you on your port side”;

(ii) the vessel about to be overtaken when acting in accordance with Rule 9 (e) (i) shall indicate her agreement by the following signal on her whistle:

—one prolonged, one short, one prolonged and one short blast, in that order.

(d) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle. Such signal may be supplemented by a light signal of at least five short and rapid flashes.

(e) A vessel nearing a bend or an area of a channel or fairway where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. Such signal shall be answered with a prolonged blast by any approaching vessel that may be within hearing around the bend or behind the intervening obstruction.

(f) If whistles are fitted on a vessel at a distance apart of more than 100 metres, one whistle only shall be used for giving manoeuvring and warning signals.



RULE 35 Sound signals in restricted visibility

In or near an area of restricted visibility, whether by day or night, the signals prescribed in this Rule shall be used as follows: (a) A power-driven vessel making way through the water shall sound at

intervals of not more than 2 minutes one prolonged blast. (b) A power-driven vessel underway but stopped and making no way

through the water shall sound at intervals of not more than 2 minutes two prolonged blasts in succession with an interval of about 2 seconds between them.

(c) A vessel not under command, a vessel restricted in her ability to manoeuvre, a vessel constrained by her draught, a sailing vessel, a vessel engaged in fishing and a vessel engaged in towing or pushing another vessel shall, instead of the signals prescribed in paragraphs (a) or (b) of this Rule, sound at intervals of not more than 2 minutes three blasts in succession, namely one prolonged followed by two short blasts.

(d) A vessel towed or if more than one vessel is towed the last vessel of the tow, if manned, shall at intervals of not more than 2 minutes sound four blasts in succession, namely one prolonged followed by three short blasts. When practicable, this signal shall be made immediately after the signal made by the towing vessel.

(e) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and shall give the signals prescribed in paragraphs (a) or (b) of this Rule.

(f) A vessel at anchor shall at intervals of not more than one minute ring the bell rapidly for about 5 seconds. In a vessel of 100 metres or more in length the bell shall be sounded in the forepart of the vessel and immediately after the ringing of the bell the gong shall be sounded rapidly for about 5 seconds in the after part of the vessel. A vessel at anchor may in addition sound three blasts in succession, namely one short, one prolonged and one short blast, to give warning of her position and of the possibility of collision to an approaching vessel.

(g) A vessel aground shall give the bell signal and if required the gong signal prescribed in paragraph (f) of this Rule and shall, in addition, give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. A vessel aground may in addition sound an appropriate whistle signal.



(h) A vessel of less than 12 metres in length shall not be obliged to give the above-mentioned signals but, if she does not, shall make some other efficient sound signal at intervals of not more than 2 minutes.

(i) A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in paragraphs (a), (b) or (f) of this Rule sound an identity signal consisting of four short blasts.

RULE 36 Signals to attract attention

If necessary to attract the attention of another vessel any vessel may make light or sound signals that cannot be mistaken for any signal authorized elsewhere in these Rules, or may direct the beam of her searchlight in the direction of the danger, in such a way as not to embarrass any vessel.

RULE 37 Distress signals

When a vessel is in distress and requires assistance she shall use or exhibit the signals prescribed in Annex IV to these Regulations.

PART E—EXEMPTIONS

RULE 38 Exemptions

Any vessel (or class of vessels) provided that she complies with the requirements of the International Regulations for Preventing Collisions at Sea, 1960, the keel of which is laid or which is at a corresponding stage of construction before the entry into force of these Regulations may be exempted from compliance therewith as follows: (a) The installation of lights with ranges prescribed in Rule 22, until four

years after the date of entry into force of these Regulations. (b) The installation of lights with colour specifications as prescribed in

Section 7 of Annex I to these Regulations, until four years after the date of entry into force of these Regulations.

(c) The repositioning of lights as a result of conversion from Imperial to metric units and rounding off measurement figures, permanent exemption.



(d) (i) The repositioning of masthead lights on vessels of less than 150 metres in length, resulting from the prescriptions of Section 3 (a) of Annex I, permanent exemption.

(ii) The repositioning of masthead lights on vessels of 150 metres or more in length, resulting from the prescriptions of Section 3 (a) of Annex I to these Regulations, until nine years after the date of entry into force of these Regulations.

(e) The repositioning of masthead lights resulting from the prescriptions of Section 2 (b) of Annex I, until nine years after the date of entry into force of these Regulations.

(f) The repositioning of sidelights resulting from the prescriptions of Sections 2 (g) and 3 (b) of Annex I, until nine years after the date of entry into force of these Regulations.

(g) The requirements for sound signal appliances prescribed in Annex III, until nine years after the date of entry into force of these Regulations.



ANNEX I

POSITIONING AND TECHNICAL DETAILS OFLIGHTS AND SHAPES

1. Definition The term “height above the hull” means height above the uppermost

continuous deck. 2. Vertical positioning and spacing of lights (a) On a power-driven vessel of 20 metres or more in length the masthead

lights shall be placed as follows: (i) the forward masthead light, or if only one masthead light is

carried, then that light, at a height above the hull of not less than 6 metres, and, if the breadth of the vessel exceeds 6 metres, then at a height above the hull not less than such breadth, so however that the light need not be placed at a greater height above the hull than 12 metres;

(ii) when two masthead lights are carried the after one shall be at least 4.5 metres vertically higher than the forward one.

(b) The vertical separation of masthead lights of power-driven vessels shall be such that in all normal conditions of trim the after light will be seen over and separate from the forward light at a distance of 1000 metres from the stem when viewed from sea level.

(c) The masthead light of a power-driven vessel of 12 metres but less than 20 metres in length shall be placed at a height above the gunwale of not less than 2.5 metres.

(d) A power-driven vessel of less than 12 metres in length may carry the uppermost light at a height of less than 2.5 metres above the gunwale. When however a masthead light is carried in addition to sidelights and a sternlight, then such masthead light shall be carried at least 1 metre higher than the sidelights.

(e) One of the two or three masthead lights prescribed for a power-driven vessel when engaged in towing or pushing another vessel shall be placed in the same position as the forward masthead light of a power-driven vessel.

(f) In all circumstances the masthead light or lights shall be so placed as to be above and clear of all other lights and obstructions.

(g) The sidelights of a power-driven vessel shall be placed at a height above the hull not greater than three quarters of that of the forward



masthead light. They shall not be so low as to be interfered with by deck lights.

(h) The sidelights, if in a combined lantern and carried on a power-driven vessel of less than 20 metres in length, shall be placed not less than 1 metre below the masthead light.

(i) When the Rules prescribe two or three lights to be carried in a vertical line, they shall be spaced as follows:

(i) on a vessel of 20 metres in length or more such lights shall be spaced not less than 2 metres apart, and the lowest of these lights shall, except where a towing light is required, not be less than 4 metres above the hull;

(ii) on a vessel of less than 20 metres in length such lights shall be spaced not less than 1 metre apart and the lowest of these lights shall, except where a towing light is required, not be less than 2 metres above the gunwale;

(iii) when three lights are carried they shall be equally spaced. (j) The lower of the two all-round lights prescribed for a fishing vessel

when engaged in fishing shall be at a height above the sidelights not less than twice the distance between the two vertical lights.

(k) The forward anchor light, when two are carried, shall not be less than 4.5 metres above the after one. On a vessel of 50 metres or more in length this forward anchor light shall not be less than 6 metres above the hull.

3. Horizontal positioning and spacing of lights (a) When two masthead lights are prescribed for a power-driven vessel, the

horizontal distance between them shall not be less than one half of the length of the vessel but need not be more than 100 metres. The forward light shall be placed not more than one quarter of the length of the vessel from the stem.

(b) On a vessel of 20 metres or more in length the sidelights shall not be placed in front of the forward masthead lights. They shall be placed at or near the side of the vessel.

4. Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations

(a) The light indicating the direction of the outlying gear from a vessel engaged in fishing as prescribed in Rule 26 (c) (ii) shall be placed at a horizontal distance of not less than 2 metres and not more than 6 metres away from the two all-round red and white lights. This light shall be



placed not higher than the all-round white light prescribed in Rule 26 (c) (i) and not lower than the sidelights.

(b) The lights and shapes on a vessel engaged in dredging or underwater operations to indicate the obstructed side and/or the side on which it is safe to pass, as prescribed in Rule 27 (d) (i) and (ii), shall be placed at the maximum practical horizontal distance, but in no case less than 2 metres, from the lights or shapes prescribed in Rule 27 (b) (i) and (ii). In no case shall the upper of these lights or shapes be at a greater height than the lower of the three lights or shapes prescribed in Rule 27 (b) (i) and (ii).

5. Screens for sidelights The sidelights shall be fitted with inboard screens painted matt black, and

meeting the requirements of Section 9 of this Annex. With a combined lantern, using a single vertical filament and a very narrow division between the green and red sections, external screens need not be fitted. 6. Shapes (a) Shapes shall be black and of the following sizes: (i) a ball shall have a diameter of not less than 0.6 metre; (ii) a cone shall have a base diameter of not less than 0.6 metre and

a height equal to its diameter; (iii) a cylinder shall have a diameter of at least 0.6 metre and a

height of twice its diameter; (iv) a diamond shape shall consist of two cones as defined in (ii)

above having a common base. (b) The vertical distance between shapes shall be at least 1.5 metres. (c) In a vessel of less than 20 metres in length shapes of lesser dimensions

but commensurate with the size of the vessel may be used and the distance apart may be correspondingly reduced.

7. Colour specification of lights The chromaticity of all navigation lights shall conform to the following

standards, which lie within the boundaries of the area of the diagram specified for each colour by the International Commission on Illumination (CIE).

The boundaries of the area for each colour are given by indicating the corner co-ordinates, which are as follows: (i) White

x 0.525 0.525 0.452 0.310 0.310 0.443 y 0.382 0.440 0.440 0.348 0.283 0.382



(ii) Green x 0.028 0.009 0.300 0.203 y 0.385 0.723 0.511 0.356

(iii) Red x 0.680 0.660 0.735 0.721 y 0.320 0.320 0.265 0.259

(iv) Yellow x 0.612 0.618 0.575 0.575 y 0.382 0.382 0.425 0.406

8. Intensity of lights (a) The minimum luminous intensity of lights shall be calculated by using

the formula: 6 2 -DI = 3.43 10 T D K× × × ×

where I is luminous intensity in candelas under service conditions, T is threshold factor -72 x 10 lux, D is range of visibility (luminous range) of the light in nautical

miles, K is atmospheric transmissivity.

For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles.

(b) A selection of figures derived from the formula is given in the following table:

Range of visibility (luminous range) of light in nautical miles

Luminous intensity of light in candelas for K = 0.8

D I

1 0.9 2 4.3 3 12 4 27 5 52 6 94

NOTE: The maximum luminous intensity of navigation lights should be limited to avoid undue glare.

9. Horizontal Sectors (a) (i) In the forward direction, sidelights as fitted on the vessel must

show the minimum required intensities. The intensities must



decrease to reach practical cut-off between 1 degree and 3 degrees outside the prescribed sectors.

(ii) For sternlights and masthead lights and at 22.5 degrees abaft the beam for sidelights, the minimum required intensities shall be maintained over the arc of the horizon up to 5 degrees within the limits of the sectors prescribed in Rule 21. From 5 degrees within the prescribed sectors the intensity may decrease by 50 per cent up to the prescribed limits; it shall decrease steadily to reach practical cut-off at not more than 5 degrees outside the prescribed limits.

(b) All-round lights shall be so located as not to be obscured by masts, topmasts or structures within angular sectors of more than 6 degrees, except anchor lights, which need not be placed at an impracticable height above the hull.

10. Vertical Sectors (a) The vertical sectors of electric lights, with the exception of lights on

sailing vessels shall ensure that: (i) at least the required minimum intensity is maintained at all angles

from 5 degrees above to 5 degrees below the horizontal; (ii) at least 60 per cent of the required minimum intensity is

maintained from 7.5 degrees above to 7.5 degrees below the horizontal.

(b) In the case of sailing vessels the vertical sectors of electric lights shall ensure that:

(i) at least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal;

(ii) at least 50 per cent of the required minimum intensity is maintained from 25 degrees above to 25 degrees below the horizontal.

(c) In the case of lights other than electric these specifications shall be met as closely as possible.

11. Intensity of non-electric lights Non-electric lights shall so far as practicable comply with the minimum

intensities, as specified in the Table given in Section 8 of this Annex. 12. Manoeuvring light

Notwithstanding the provisions of paragraph 2 (f) of this Annex the manoeuvring light described in Rule 34 (b) shall be placed in the same fore and aft vertical plane as the masthead light or lights and, where practicable, at a minimum height of 2 metres vertically above the forward masthead light,



provided that it shall be carried not less than 2 metres vertically above or below the after masthead light. On a vessel where only one masthead light is carried the manoeuvring light, if fitted, shall be carried where it can best be seen, not less than 2 metres vertically apart from the masthead light. 13. Approval

The construction of lanterns and shapes and the installation of lanterns on board the vessel shall be to the satisfaction of the appropriate authority of the State where the vessel is registered.



ANNEX II

ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE PROXIMITY

1. General The lights mentioned herein shall, if exhibited in pursuance of Rule 26 (d),

be placed where they can best be seen. They shall be at least 0.9 metre apart but at a lower level than lights prescribed in Rule 26 (b) (i) and (c) (i). The lights shall be visible all round the horizon at a distance of at least 1 mile but at a lesser distance than the lights prescribed by these Rules for fishing vessels. 2. Signals for Trawlers (a) Vessels when engaged in trawling, whether using demersal or pelagic

gear, may exhibit: (i) when shooting their nets: two white lights in a vertical line; (ii) when hauling their nets: one white light over one red light in a

vertical line; (iii) when the net has come fast upon an obstruction: two red lights in

a vertical line. (b) Each vessel engaged in pair trawling may exhibit:

(i) by night, a searchlight directed forward and in the direction of the other vessel of the pair;

(ii) when shooting or hauling their nets or when their nets have come fast upon an obstruction, the lights prescribed in 2 (a) above.

3. Signals for purse seiners Vessels engaged in fishing with purse seine gear may exhibit two yellow

lights in a vertical line. These lights shall flash alternately every second and with equal light and occultation duration. These lights may be exhibited only when the vessel is hampered by its fishing gear.



ANNEX III

TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES

1. Whistles (a) Frequencies and range of audibility The fundamental frequency of the

signal shall lie within the range 70–700 Hz. The range of audibility of the signal from a whistle shall be

determined by those frequencies, which may include the fundamental and/or one or more higher frequencies, which lie within the range 180–700 Hz ( ± 1 per cent) and which provide the sound pressure levels specified in paragraph 1 (c) below.

(b) Limits of fundamental frequencies To ensure a wide variety of whistle characteristics, the fundamental frequency of a whistle shall be between the following limits:

(i) 70–200 Hz, for a vessel 200 metres or more in length; (ii) 130–350 Hz, for a vessel 75 metres but less than 200 metres in

length; (iii) 250–700 Hz, for a vessel less than 75 metres in length.

(c) Sound signal intensity and range of audibility A whistle fitted in a vessel shall provide, in the direction of maximum intensity of the whistle and at a distance of 1 metre from it, a sound pressure level in at least one 1/3rd-octave band within the range of frequencies 180–700 Hz ( ± 1 per cent) of not less than the appropriate figure given in the table below.

Length of vessel in metres

1/3rd-octave band level at 1 metre in

dB referred to 252 10 N/m−×

Audibility range in nautical miles

200 or more ......................... 143 2 75 but less than 200 ............. 138 1.5 20 but less than 75................ 130 1 Less than 20 ........................ 120 0.5

The range of audibility in the table above is for information and is approximately the range at which a whistle may be heard on its forward axis with 90 per cent probability in conditions of still air on board a vessel having average background noise level at the listening posts



(taken to be 68 dB in the octave band centred on 250 Hz and 63 dB in the octave band centred on 500 Hz).

In practice the range at which a whistle may be heard is extremely variable and depends critically on weather conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient noise level at the listening post the range may be much reduced.

(d) Directional properties The sound pressure level of a directional whistle shall be not more than 4 dB below the sound pressure level on the axis at any direction in the horizontal plane within ± 45 degrees of the axis. The sound pressure level at any other direction in the horizontal plane shall be not more than 10 dB below the sound pressure level on the axis, so that the range in any direction will be at least half the range on the forward axis. The sound pressure level shall be measured in that 1/3rd-octave band which determines the audibility range.

(e) Positioning of whistles When a directional whistle is to be used as the only whistle on a vessel, it shall be installed with its maximum intensity directed straight ahead.

A whistle shall be placed as high as practicable on a vessel, in order to reduce interception of the emitted sound by obstructions and also to minimize hearing damage risk to personnel. The sound pressure level of the vessel’s own signal at listening posts shall not exceed 110 dB (A) and so far as practicable should not exceed 100 dB (A).

(f) Fitting of more than one whistle If whistles are fitted at a distance apart of more than 100 metres, it shall be so arranged that they are not sounded simultaneously.

(g) Combined whistle systems If due to the presence of obstructions the sound field of a single whistle or of one of the whistles referred to in paragraph 1 (f) above is likely to have a zone of greatly reduced signal level, it is recommended that a combined whistle system be fitted so as to overcome this reduction. For the purposes of the Rules a combined whistle system is to be regarded as a single whistle. The whistles of a combined system shall be located at a distance apart of not more than 100 metres and arranged to be sounded simultaneously. The frequency of any one whistle shall differ from those of the others by at least 10 Hz.

2. Bell or gong (a) Intensity of signal A bell or gong, or other device having similar sound

characteristics shall produce a sound pressure level of not less than 110 dB at 1 metre.



(b) Construction Bells and gongs shall be made of corrosion-resistant material and designed to give a clear tone. The diameter of the mouth of the bell shall be not less than 300 mm for vessels of more than 20 metres in length, and shall be not less than 200 mm for vessels of 12 to 20 metres in length. Where practicable, a power-driven bell striker is recommended to ensure constant force but manual operation shall be possible. The mass of the striker shall be not less than 3 per cent of the mass of the bell.

3. Approval The construction of sound signal appliances, their performance and their

installation on board the vessel shall be to the satisfaction of the appropriate authority of the State where the vessel is registered.



ANNEX IV

DISTRESS SIGNALS

1. The following signals, used or exhibited either together or separately, indicate distress and need of assistance: (a) a gun or other explosive signal fired at intervals of about a minute; (b) a continuous sounding with any fog-signalling apparatus; (c) rockets or shells, throwing red stars fired one at a time at short intervals; (d) a signal made by radiotelegraphy or by any other signalling method

consisting of the group . . . - - - . . . (SOS) in the Morse Code; (e) a signal sent by radiotelephony consisting of the spoken word

“Mayday”; (f) the International Code Signal of distress indicated by N.C.; (g) a signal consisting of a square flag having above or below it a ball or

anything resembling a ball; (h) flames on the vessel (as from a burning tar barrel, oil barrel, etc.); (i) a rocket parachute flare or a hand flare showing a red light; (j) a smoke signal giving off orange-coloured smoke; (k) slowly and repeatedly raising and lowering arms outstretched to each

side; (l) the radiotelegraph alarm signal; (m) the radiotelephone alarm signal; (n) signals transmitted by emergency position-indicating radio beacons.

2. The use or exhibition of any of the foregoing signals except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused with any of the above signals is prohibited.

3. Attention is drawn to the relevant sections of the International Code of Signals, the Merchant Ship Search and Rescue Manual and the following signals: (a) a piece of orange-coloured canvas with either a black square and circle

or other appropriate symbol (for identification from the air); (b) a dye marker.

Schedule 4 Articles of, and Annexes to, the Load Line Convention


Schedule 4—Articles of, and Annexes to, the Load Line Convention

Section 187A

ARTICLE 1 General Obligation under the Convention

(1) The Contracting Governments undertake to give effect to the provisions of the present Convention and the Annexes hereto which shall constitute an integral part of the present Convention. Every reference to the present Convention constitutes at the same time a reference to Annexes.

(2) The Contracting Governments shall undertake all measures which may be necessary to give effect to the present Convention.

ARTICLE 2 Definitions

For the purpose of the present Convention, unless expressly provided otherwise:

(1) “Regulations” means the Regulations annexed to the present Convention.

(2) “Administration” means the Government of the State whose flag the ship is flying.

(3) “Approved” means approved by the Administration.

(4) “International voyage” means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country.

(5) A “fishing vessel” is a ship used for catching fish, whales, seals, walrus or other living resources of the sea.

(6) “New ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date of coming into force of the present Convention for each Contracting Government.

Articles of, and Annexes to, the Load Line Convention Schedule 4


(7) “Existing ship” means a ship which is not a new ship.

(8) “Length” means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.

ARTICLE 3 General Provisions

(1) No ship to which the present Convention applies shall proceed to sea on an international voyage after the date on which the present Convention comes into force unless it has been surveyed, marked and provided with an International Load Line Certificate (1966) or, where appropriate, an International Load Line Exemption Certificate in accordance with the provisions of the present Convention.

(2) Nothing in this Convention shall prevent an Administration from assigning a greater freeboard than the minimum freeboard determined in accordance with Annex I.

ARTICLE 4 Application

(1) The present Convention shall apply to: (a) ships registered in countries the Governments of which are Contracting

Governments; (b) ships registered in territories to which the present Convention is

extended under Article 32; and (c) unregistered ships flying the flag of a State, the Government of which is

a Contracting Government.

(2) The present Convention shall apply to ships engaged on international voyages.

(3) The Regulations contained in Annex I are specifically applicable to new ships.

(4) Existing ships which do not fully comply with the requirements of the Regulations contained in Annex I or any part thereof shall meet at least such lesser related requirements as the Administration applied to ships on



international voyages prior to the coming into force of the present Convention; in no case shall such ships be required to increase their freeboards. In order to take advantage of any reduction in freeboard from that previously assigned, existing ships shall comply with all requirements of the present Convention.

(5) The Regulations contained in Annex II are applicable to new and existing ships to which the present Convention applies.

ARTICLE 5 Exemptions

(1) The present Convention shall not apply to: (a) ships of war; (b) new ships of less than 24 metres (79 feet) in length; (c) existing ships of less than 150 tons gross; (d) pleasure yachts not engaged in trade; (e) fishing vessels.

(2) Nothing herein shall apply to ships solely navigating: (a) the Great Lakes of North America and the River St. Lawrence as far

east as a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63 degrees W;

(b) the Caspian Sea; (c) the Plate, Parana and Uruguay Rivers as far east as a rhumb line drawn

between Punta Norte, Argentina, and Punta del Este, Uruguay.

ARTICLE 6 Exemptions

(1) Ships when engaged on international voyages between the near neighbouring ports of two or more States may be exempted by the Administration from the provisions of the present Convention, so long as they shall remain engaged on such voyages, if the Governments of the States in which such ports are situated shall be satisfied that the sheltered nature or conditions of such voyages between such ports make it unreasonable or impracticable to apply the provisions of the present Convention to ships engaged on such voyages.

(2) The Administration may exempt any ship which embodies features of a novel kind from any of the provisions of this Convention the application of



which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages. Any such ship shall however, comply with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the ship and which are acceptable to the Governments of the States to be visited by the ship.

(3) The Administration which allows any exemption under paragraphs (1) and (2) of this Article shall communicate to the Inter-Governmental Maritime Consultative Organization (hereinafter called the Organization) particulars of the same and reasons therefor which the Organization shall circulate to the Contracting Governments for their information.

(4) A ship which is not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Administration from any of the requirements of the present Convention, provided that it complies with safety requirements which, in the opinion of that Administration, are adequate for the voyage which is to be undertaken by the ship.

ARTICLE 7 Force Majeure

(1) A ship which is not subject to the provisions of the present Convention at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

(2) In applying the provisions of the present Convention, the Contracting Governments shall give due consideration to any deviation or delay caused to any ship owing to stress of weather or any other cause of force majeure.

ARTICLE 8 Equivalents

(1) The Administration may allow any fitting, material, appliance or apparatus to be fitted, or any other provision to be made in a ship, other than that required by the present Convention, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus, or provision, is at least as effective as that required by the Convention.



(2) The Administration which allows a fitting, material, appliance or apparatus, or provision, other than that required by the present Convention, shall communicate to the Organization for circulation to the Contracting Governments particulars thereof, together with a report on any trials made.

ARTICLE 9 Approvals for Experimental Purposes

(1) Nothing in the present Convention shall prevent an Administration from making specific approvals for experimental purposes in respect of a ship to which the Convention applies.

(2) An Administration which makes any such approval shall communicate to the Organization for circulation to the Contracting Governments particulars thereof.

ARTICLE 10 Repairs, Alterations and Modifications

(1) A ship which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the ship. An existing ship in such a case shall not, as a rule, comply to a lesser extent with the requirements for a new ship than it did before.

(2) Repairs, alterations and modifications of a major character and outfitting related thereto should meet the requirments for a new ship in so far as the Administration deems reasonable and practicable.

ARTICLE 11 Zones and Areas

(1) A ship to which the present Convention applies shall comply with the requirements applicable to that ship in the zones and areas described in Annex II.

(2) A port standing on the boundary line between two zones or areas shall be regarded as within the zone or area from or into which the ship arrives or departs.



ARTICLE 12 Submersion

(1) Except as provided in paragraphs (2) and (3) of this Article, the appropriate load lines on the sides of the ship corresponding to the season of the year and the zone or area in which the ship may be shall not be submerged at any time when the ship puts to sea, during the voyage or on arrival.

(2) When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown on the International Load Line Certificate (1966). Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.

(3) When a ship departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.

ARTICLE 13 Survey, Inspection and Marking

The survey, inspection and marking of ships, as regards the enforcement of the provisions of the present Convention and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however, entrust the survey, inspection and marking either to surveyors nominated for the purpose or to organizations recognized by it. In every case the Administration concerned fully guarantees the completeness and efficiency of the survey, inspection and marking.

ARTICLE 14 Initial and Periodical Surveys and Inspections

(1) A ship shall be subjected to the surveys and inspections specified below: (a) A survey before the ship is put in service, which shall include a

complete inspection of its structure and equipment in so far as the ship is covered by the present Convention. This survey shall be such as to ensure that the arrangements, material, and scantlings fully comply with the requirements of the present Convention.



(b) A periodical survey at intervals specified by the Administration, but not exceeding five years, which shall be such as to ensure that the structure, equipment, arrangements, material and scantlings fully comply with the requirements of the present Convention.

(c) A periodical inspection within three months either way of each annual anniversary date of the certificate, to ensure that alterations have not been made to the hull or superstructures which would affect the calculations determining the position of the load line and so as to ensure the maintenance in an effective condition of fittings and appliances for: (i) protection of openings; (ii) guard rails; (iii) freeing ports; and (iv) means of access to crew’s quarters.

(2) The periodical inspections referred to in paragraph (1) (c) of this Article shall be endorsed on the International Load Line Certificate (1966) or on the International Load Line Exemption Certificate issued to a ship exempted under paragraph (2) of Article 6 of the present Convention.

ARTICLE 15 Maintenance of Conditions after Survey

After any survey of the ship under Article 14 has been completed, no change shall be made in the structure, equipment, arrangements, material or scantlings covered by the survey, without the sanction of the Administration.

ARTICLE 16 Issue of Certificates

(1) An International Load Line Certificate (1966) shall be issued to every ship which has been surveyed and marked in accordance with the present Convention.

(2) An International Load Line Exemption Certificate shall be issued to any ship to which an exemption has been granted under and in accordance with paragraph (2) or (4) of Article 6.

(3) Such certificates shall be issued by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the certificate.



(4) Notwithstanding any other provision of the present Convention, any international load line certificate which is current when the present Convention comes into force in respect of the Government of the State whose flag the ship is flying shall remain valid for two years or until it expires, whichever is earlier. After that time an International Load Line Certificate (1966) shall be required.

ARTICLE 17 Issue of Certificate by another Government

(1) A Contracting Government may, at the request of another Contracting Government, cause a ship to be surveyed and, if satisfied that the provisions of the present Convention are complied with, shall issue or authorize the issue of an International Load Line Certificate (1966) to the ship in accordance with the present Convention.

(2) A copy of the certificate, a copy of the survey report used for computing the freeboard, and a copy of the computations shall be transmitted as early as possible to the requesting Government.

(3) A certificate so issued must contain a statement to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying and it shall have the same force and receive the same recognition as a certificate issued under Article 16.

(4) No International Load Line Certificate (1966) shall be issued to a ship which is flying the flag of a State the Government of which is not a Contracting Government.

ARTICLE 18 Form of Certificates

(1) The certificates shall be drawn up in the official language or languages of the issuing country. If the language used is neither English nor French, the text shall include a translation into one of these languages.

(2) The form of the certificates shall be that of the models given in Annex III. The arrangement of the printed part of each model certificate shall be exactly reproduced in any certificates issued, and in any certified copies thereof.



ARTICLE 19 Duration of Certificates

(1) An International Load Line Certificate (1966) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue.

(2) If, after the periodical survey referred to in paragraph (1) (b) of Article 14, a new certificate cannot be issued to the ship before the expiry of the certificate originally issued, the person or organization carrying out the survey may extend the validity of the original certificate for a period which shall not exceed five months. This extension shall be endorsed on the certificate, and shall be granted only where there have been no alterations in the structure, equipment, arrangements, material or scantlings which affect the ship’s freeboard.

(3) An International Load Line Certificate (1966) shall be cancelled by the Administration if any of the following circumstances exist: (a) material alterations have taken place in the hull or superstructures of the

ship such as would necessitate the assignment of an increased freeboard;

(b) the fittings and appliances mentioned in sub-paragraph (c) of paragraph (1) of Article 14 are not maintained in an effective condition;

(c) the certificate is not endorsed to show that the ship has been inspected as provided in sub-paragraph (c) of paragraph (1) of Article 14;

(d) the structural strength of the ship is lowered to such an extent that the ship is unsafe.

(4) (a) The duration of an International Load Line Exemption Certificate issued by an Administration to a ship exempted under paragraph (2) of Article 6 shall not exceed five years from the date of issue. Such certificate shall be subject to a renewal, endorsement and cancellation procedure similar to that provided for an International Load Line Certificate (1966) under this Article.

(b) The duration of an International Load Line Exemption Certificate issued to a ship exempted under paragraph (4) of Article 6 shall be limited to the single voyage for which it is issued.

(5) A certificate issued to a ship by an Administration shall cease to be valid upon the transfer of such a ship to the flag of another State.



ARTICLE 20 Acceptance of Certificates

The certificates issued under the authority of a Contracting Government in accordance with the present Convention shall be accepted by the other Contracting Governments and regarded for all purposes covered by the present Convention as having the same force as certificates issued by them.

ARTICLE 21 Control

(1) Ships holding a certificate issued under Article 16 or Article 17 are subject, when in the ports of other Contracting Governments, to control by officers duly authorized by such Governments. Contracting Governments shall ensure that such control is exercised as far as is reasonable and practicable with a view to verifying that there is on board a valid certificate under the present Convention. If there is a valid International Load Line Certificate (1966) on board the ship, such control shall be limited to the purpose of determining that: (a) the ship is not loaded beyond the limits allowed by the certificate; (b) the position of the load line of the ship corresponds with the certificate;

and (c) the ship has not been so materially altered in respect to the matters set

out in sub-paragraphs (a) and (b) of paragraph (3) of Article 19 that the ship is manifestly unfit to proceed to sea without danger to human life.

If there is a valid International Load Line Exemption Certificate on board, such control shall be limited to the purpose of determining that any conditions stipulated in that certificate are complied with.

(2) If such control is exercised under sub-paragraph (c) of paragraph (1) of this Article, it shall only be exercised in so far as may be necessary to ensure that the ship shall not sail until it can proceed to sea without danger to the passengers or the crew.

(3) In the event of the control provided for in this Article giving rise to intervention of any kind, the officer carrying out the control shall immediately inform in writing the Consul or the diplomatic representative of the State whose flag the ship is flying of this decision and of all the circumstances in which intervention was deemed to be necessary.



ARTICLE 22 Privileges

The privileges of the present Convention may not be claimed in favour of any ship unless it holds a valid certificate under the Convention.

ARTICLE 23 Casualties

(1) Each Administration undertakes to conduct an investigation of any casualty occurring to ships for which it is responsible and which are subject to the provisions of the present Convention when it judges that such an investigation may assist in determining what changes in the Convention might be desirable.

(2) Each Contracting Government undertakes to supply the Organization with the pertinent information concerning the findings of such investigations. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the ships concerned or in any manner fix or imply responsibility upon any ship or person.

ARTICLE 24 Prior Treaties and Conventions

(1) All other treaties, conventions and arrangements relating to load line matters at present in force between Governments parties to the present Convention shall continue to have full and complete effect during the terms thereof as regards: (a) ships to which the present Convention does not apply; and (b) ships to which the present Convention applies, in respect of matters for

which it has not expressly provided.

(2) To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the present Convention, the provisions of the present Convention shall prevail.

ARTICLE 25 Special Rules drawn up by Agreement

When in accordance with the present Convention special rules are drawn up by agreement among all or some of the Contracting Governments, such rules



shall be communicated to the Organization for circulation to all Contracting Governments.

ARTICLE 26 Communication of Information

(1) The Contracting Governments undertake to communicate to and deposit with the Organization: (a) a sufficient number of specimens of their certificates issued under the

provisions of the present Convention for circulation to the Contracting Governments;

(b) the text of the laws, decrees, orders, regulations and other instruments which shall have been promulgated on the various matters within the scope of the present Convention; and

(c) a list of non-governmental agencies which are authorized to act in their behalf in the administration of load line matters for circulation to the Contracting Governments.

(2) Each Contracting Government agrees to make its strength standards available to any other Contracting Government, upon request.

ARTICLE 27 Signature, Acceptance and Accession

(1) The present Convention shall remain open for signature for three months from 5 April 1966 and shall thereafter remain open for accession. Governments of States Members of the United Nations, or of any of the Specialized Agencies, or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice may become parties to the Convention by: (a) signature without reservation as to acceptance; (b) signature subject to acceptance followed by acceptance; or (c) accession.

(2) Acceptance or accession shall be effected by the deposit of an instrument of acceptance or accession with the Organization which shall inform all Governments that have signed the Convention or acceded to it of each new acceptance or accession and of the date of its deposit.



ARTICLE 28 Coming into Force

(1) The present Convention shall come into force twelve months after the date on which not less than fifteen Governments of States, including seven each with not less than one million gross tons of shipping, have signed without reservation as to acceptance or deposited instruments of acceptance or accession in accordance with Article 27. The Organization shall inform all Governments which have signed or acceded to the present Convention of the date on which it comes into force.

(2) For Governments which have deposited an instrument of acceptance of or accession to the present Convention during the twelve months mentioned in paragraph (1) of this Article, the acceptance or accession shall take effect on the coming into force of the present Convention or three months after the date of deposit of the instrument of acceptance or accession, whichever is the later date.

(3) For Governments which have deposited an instrument of acceptance of or accession to the present Convention after the date on which it comes into force, the Convention shall come into force three months after the date of the deposit of such instrument.

(4) After the date on which all the measures required to bring an amendment to the present Convention into force have been completed, or all necessary acceptances are deemed to have been given under sub-paragraph (b) of paragraph (2) of Article 29 in case of amendment by unanimous acceptance, any instrument of acceptance or accession deposited shall be deemed to apply to the Convention as amended.

ARTICLE 29 Amendments

(1) The present Convention may be amended upon the proposal of a Contracting Government by any of the procedures specified in this Article.

(2) Amendment by unanimous acceptance (a) Upon the request of a Contracting Government, any amendment

proposed by it to the present Convention shall be communicated by the Organization to all Contracting Governments for consideration with a view to unanimous acceptance.

(b) Any such amendment shall enter into force twelve months after the date of its acceptance by all Contracting Governments unless an earlier date



is agreed upon. A Contracting Government which does not communicate its acceptance or rejection of the amendment to the Organization within three years of its first communication by the latter shall be deemed to have accepted the amendment.

(c) Any proposed amendment shall be deemed to be rejected if it is not accepted under sub-paragraph (b) of the present paragraph within three years after it has been first communicated to all Contracting Governments by the Organization.

(3) Amendment after consideration in the Organization (a) Upon the request of a Contracting Government, any amendment

proposed by it to the present Convention will be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, such amendment shall be communicated to all Members of the Organization and all Contracting Governments at least six months prior to its consideration by the Assembly of the Organization.

(b) If adopted by a two-thirds majority of those present and voting in the Assembly, the amendment shall be communicated by the Organization to all Contracting Governments for their acceptance.

(c) Such amendment shall come into force twelve months after the date on which it is accepted by two-thirds of the Contracting Governments. The amendment shall come into force with respect to all Contracting Governments except those which, before it comes into force, make a declaration that they do not accept the amendment.

(d) The Assembly, by a two-thirds majority of those present and voting, including two-thirds of the Governments represented on the Maritime Safety Committee and present and voting in the Assembly, may propose a determination at the time of its adoption that an amendment is of such an important nature that any Contracting Government which makes a declaration under sub-paragraph (c), and which does not accept the amendment within a period of twelve months after it comes into force, shall cease to be a party to the present Convention upon the expiry of that period. This determination shall be subject to the prior acceptance of two-thirds of the Contracting Governments to the present Convention.

(e) Nothing in this paragraph shall prevent the Contracting Government which first proposed action under this paragraph on an amendment to the present Convention from taking at any time such alternative action as it deems desirable in accordance with paragraph (2) or (4) of this Article.



(4) Amendment by a conference (a) Upon the request of a Contracting Government, concurred in by at least

one-third of the Contracting Governments, a conference of Governments will be convened by the Organization to consider amendments to the present Convention.

(b) Every amendment adopted by such a conference by a two-thirds majority of those present and voting of the Contracting Governments shall be communicated by the Organization to all Contracting Governments for their acceptance.


(d) By a two-thirds majority of those present and voting, a conference convened under sub-paragraph (a) may determine at the time of its adoption that an amendment is of such an important nature that any Contracting Government which makes a declaration under sub-paragraph (c), and which does not accept the amendment within a period of twelve months after it comes into force, shall cease to be a party to the present Convention upon the expiry of that period.

(5) Any amendments to the present Convention made under this Article which relate to the structure of a ship shall apply only to ships the keels of which are laid, or which are at a similar stage of construction, on or after the date on which the amendment comes into force.

(6) The Organization shall inform all Contracting Governments of any amendments which come into force under this Article, together with the date on which each such amendment will come into force.

(7) Any acceptance or declaration under this Article shall be made by a notification in writing to the Organization which shall notify all Contracting Governments of the receipt of the acceptance or declaration.

ARTICLE 30 Denunciation

(1) The present Convention may be denounced by any Contracting Government at any time after the expiry of five years from the date on which the Convention comes into force for that Government.



(2) Denunciation shall be effected by a notification in writing addressed to the Organization which shall inform all the other Contracting Governments of any such notification received and of the date of its receipt.

(3) A denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Organization.

ARTICLE 31 Suspension

(1) In case of hostilities or other extraordinary circumstances which affect the vital interests of a State the Government of which is a Contracting Government, that Government may suspend the operation of the whole or any part of the present Convention. The suspending Government shall immediately give notice of any such suspension to the Organization.

(2) Such suspension shall not deprive other Contracting Governments of any right of control under the present Convention over the ships of the suspending Government when such ships are within their ports.

(3) The suspending Government may at any time terminate such suspension and shall immediately give notice of such termination to the Organization.

(4) The Organization shall notify all Contracting Governments of any suspension or termination of suspension under this Article.

ARTICLE 32 Territories

(1) (a) The United Nations, in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory and may at any time by notification in writing to the Organization declare that the present Convention shall extend to such territory.

(b) The present Convention shall, from the date of the receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.

(2) (a) The United Nations, or any Contracting Government which has made a declaration under sub-paragraph (a) of paragraph (1) of this Article, at any time after the expiry of a period of five years



from the date on which the Convention has been so extended to any territory, may by notification in writing to the Organization declare that the present Convention shall cease to extend to any such territory named in the notification.

(b) The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Organization.

(3) The Organization shall inform all the Contracting Governments of the extension of the present Convention to any territories under paragraph (1) of this Article, and of the termination of any such extension under the provisions of paragraph (2), stating in each case the date from which the present Convention has been or will cease to be so extended.

ARTICLE 33 Registration

(1) The present Convention shall be deposited with the Organization and the Secretary-General of the Organization shall transmit certified true copies thereof to all Signatory Governments and to all Governments which accede to the present Convention.

(2) As soon as the present Convention comes into force it shall be registered by the Organization in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 34 Languages

The present Convention is established in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.



ANNEX I

REGULATIONS FOR DETERMINING LOAD INES

CHAPTER I.—GENERAL

The Regulations assume that the nature and stowage of the cargo, ballast, etc., are such as to secure sufficient stability of the ship and the avoidance of excessive structural stress.

The Regulations also assume that where there are international requirements relating to stability or subdivision, these requirements have been complied with.

Regulation 1 Strength of Hull

The Administration shall satisfy itself that the general structural strength of the hull is sufficient for the draught corresponding to the freeboard assigned. Ships built and maintained in conformity with the requirements of a classification society recognized by the Administration may be considered to possess adequate strength.


(1) Ships with mechanical means of propulsion or lighters, barges or other ships without independent means of propulsion, shall be assigned freeboards in accordance with the provisions of Regulations 1-40 inclusive of this Annex.

(2) Ships carrying timber deck cargoes may be assigned, in addition to the freeboards prescribed in paragraph (1) of this Regulation, timber freeboards in accordance with the provisions of Regulations 41-45 inclusive of this Annex.

(3) Ships designed to carry sail, whether as the sole means of propulsion or as a supplementary means, and tugs, shall be assigned freeboards in accordance with the provisions of Regulations 1-40 inclusive of this Annex. Such additional freeboard shall be required as determined by the Administration.



(4) Ships of wood or of composite construction, or of other materials the use of which the Administration has approved, or ships whose constructional features are such as to render the application of the provisions of this Annex unreasonable or impracticable, shall be assigned freeboards as determined by the Administration.

(5) Regulations 10 to 26 inclusive of this Annex shall apply to every ship to which a minimum freeboard is assigned. Relaxations from these requirements may be granted to a ship to which a greater than minimum freeboard is assigned on condition that the Administration is satisfied with the safety conditions provided.

Regulation 3 Definitions of Terms used in the Annexes

(1) Length. The length (L) shall be taken as 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or as the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.

(2) Perpendiculars. The forward and after perpendiculars shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the fore side of the stem on the waterline on which the length is measured.

(3) Amidships. Amidships is at the middle of the length (L).

(4) Breadth. Unless expressly provided otherwise, the breadth (B) is the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material.

(5) Moulded Depth (a) The moulded depth is the vertical distance measured from the top of the

keel to the top of the freeboard deck beam at side. In wood and composite ships the distance is measured from the lower edge of the keel rabbet. Where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel.



(b) In ships having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design.

(c) Where the freeboard deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, the moulded depth shall be measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part.

(6) Depth for Freeboard (D) (a) The depth for freeboard (D) is the moulded depth amidships, plus the

thickness of the freeboard deck stringer plate, where fitted, plus T (L S)

L− if the exposed freeboard deck is sheathed, where

T is the mean thickness of the exposed sheathing clear of deck openings, and

S is the total length of superstructures as defined in sub-paragraph (10) (d) of this Regulation.

(b) The depth for freeboard (D) in a ship having a rounded gunwale with a radius greater than 4 per cent of the breadth (B) or having topsides of unusual form is the depth for freeboard of a ship having a midship section with vertical topsides and with the same round of beam and area of topside section equal to that provided by the actual midship section.

(7) Block Coefficient. The block coefficient (Cb) is given by

1bC = ;

L.B.d∇ where

∇ is the volume of the moulded displacement of the ship, excluding bossing, in a ship with a metal shell, and is the volume of displacement to the outer surface of the hull in a ship with a shell of any other material, both taken at a moulded draught of d1; and where

d1 is 85 per cent of the least moulded depth.

(8) Freeboard. The freeboard assigned is the distance measured vertically downwards amidships from the upper edge of the deck line to the upper edge of the related load line.

(9) Freeboard Deck. The freeboard deck is normally the uppermost complete deck exposed to weather and sea, which has permanent means of closing all openings in the weather part thereof, and below which all openings



in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a discontinuous freeboard deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck. At the option of the owner and subject to the approval of the Administration, a lower deck may be designated as the freeboard deck, provided it is a complete and permanent deck continuous in a fore and aft direction at least between the machinery space and peak bulkheads and continuous athwartships. When this lower deck is stepped the lowest line of the deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck. When a lower deck is designated as the freeboard deck, that part of the hull which extends above the freeboard deck is treated as a superstructure so far as concerns the application of the conditions of assignment and the calculation of freeboard. It is from this deck that the freeboard is calculated.

(10) Superstructure (a) A superstructure is a decked structure on the freeboard deck, extending

from side to side of the ship or with the side plating not being inboard of the shell plating more than 4 per cent of the breadth (B). A raised quarter deck is regarded as a superstructure.

(b) An enclosed superstructure is a superstructure with: (i) enclosing bulkheads of efficient construction; (ii) access openings, if any, in these bulkheads fitted with doors

complying with the requirements of Regulation 12; (iii) all other openings in sides or ends of the superstructure fitted

with efficient weathertight means of closing. A bridge or poop shall not be regarded as enclosed unless access is

provided for the crew to reach machinery and other working spaces inside these superstructures by alternative means which are available at all times when bulkhead openings are closed.

(c) The height of a superstructure is the least vertical height measured at side from the top of the superstructure deck beams to the top of the freeboard deck beams.

(d) The length of a superstructure (S) is the mean length of the part of the superstructure which lies within the length (L).

(11) Flush Deck Ship. A flush deck ship is one which has no superstructure on the freeboard deck.

(12) Weathertight. Weathertight means that in any sea conditions water will not penetrate into the ship.



Regulation 4 Deck Line

The deck line is a horizontal line 300 millimetres (12 inches) in length and 25 millimetres (1 inch) in breadth. It shall be marked amidships on each side of the ship, and its upper edge shall normally pass through the point where the continuation outwards of the upper surface of the freeboard deck intersects the outer surface of the shell (as illustrated in Figure 1), provided that the deck line may be placed with reference to another fixed point on the ship on condition that the freeboard is correspondingly corrected. The location of the reference point and the identification of the freeboard deck shall in all cases be indicated on the International Load Line Certificate (1966).

Regulation 5 Load Line Mark

The Load Line Mark shall consist of a ring 300 millimetres (12 inches) in outside diameter and 25 millimetres (1 inch) wide which is intersected by a horizontal line 450 millimetres (18 inches) in length and 25 millimetres (1 inch) in breadth, the upper edge of which passes through the centre of the ring. The centre of the ring shall be placed amidships and at a distance equal to the assigned summer freeboard measured vertically below the upper edge of the deck line (as illustrated in Figure 2).

Regulation 6 Lines to be used with the Load Line Mark

(1) The lines which indicate the load line assigned in accordance with these Regulations shall be horizontal lines 230 millimetres (9 inches) in length and 25



millimetres (1 inch) in breadth which extend forward of, unless expressly provided otherwise, and at right angles to, a vertical line 25 millimetres (1 inch) in breadth marked at a distance 540 millimetres (21 inches) forward of the centre of the ring (as illustrated in Figure 2).

(2) The following load lines shall be used: (a) The Summer Load Line indicated by the upper edge of the line which

passes through the centre of the ring and also by a line marked S. (b) The Winter Load Line indicated by the upper edge of a line marked W. (c) The Winter North Atlantic Load Line indicated by the upper edge of a

line marked WNA. (d) The Tropical Load Line indicated by the upper edge of a line marked T. (e) The Fresh Water Load Line in summer indicated by the upper edge of a

line marked F. The Fresh Water Load Line in summer is marked abaft the vertical line. The difference between the Fresh Water Load Line in summer and the Summer Load Line is the allowance to be made for loading in fresh water at the other load lines.

(f) The Tropical Fresh Water Load Line indicated by the upper edge of a line marked TF, and marked abaft the vertical line.

(3) If timber freeboards are assigned in accordance with these Regulations, the timber load lines shall be marked in addition to ordinary load lines. These lines shall be horizontal lines 230 millimetres (9 inches) in length and 25 millimetres (1 inch) in breadth which extend abaft unless expressly provided otherwise, and are at right angles to, a vertical line 25 millimetres (1 inch) in breadth marked at a distance 540 millimetres (21 inches) abaft the centre of the ring (as illustrated in Figure 3).

(4) The following timber load lines shall be used: (a) The Summer Timber Load Line indicated by the upper edge of a line

marked LS. (b) The Winter Timber Load Line indicated by the upper edge of a line

marked LW. (c) The Winter North Atlantic Timber Load Line indicated by the upper

edge of a line marked LWNA.



(d) The Tropical Timber Load Line indicated by the upper edge of a line

marked LT. (e) The Fresh Water Timber Load Line in summer indicated by the upper

edge of a line marked LF and marked forward of the vertical line. The difference between the Fresh Water Timber Load Line in summer and the Summer Timber Load Line is the allowance to be made for loading in fresh water at the other timber load lines.



(f) The Tropical Fresh Water Timber Load Line indicated by the upper edge of a line marked LTF and marked forward of the vertical line.

(5) Where the characteristics of a ship or the nature of the ship’s service or navigational limits make any of the seasonal lines inapplicable, these lines may be omitted.

(6) Where a ship is assigned a greater than minimum freeboard so that the load line is marked at a position corresponding to, or lower than, the lowest seasonal load line assigned at minimum freeboard in accordance with the present Convention, only the Fresh Water Load Line need be marked.

(7) On sailing ships only the Fresh Water Load Line and the Winter North Atlantic Load Line need be marked (as illustrated in Figure 4).

(8) Where a Winter North Atlantic Load Line is identical with the Winter Load Line corresponding to the same vertical line, this load line shall be marked W.

(9) Additional load lines required by other international conventions in force may be marked at right angles to and abaft the vertical line specified in paragraph (1) of this Regulation.

Regulation 7 Mark of Assigning Authority

The mark of the Authority by whom the load lines are assigned may be indicated alongside the load line ring above the horizontal line which passes through the centre of the ring, or above and below it. This mark shall consist of not more than four initials to identify the Authority’s name, each measuring approximately 115 millimetres (4½ inches) in height and 75 millimetres (3 inches) in width.

Regulation 8 Details of Marking

The ring, lines and letters shall be painted in white or yellow on a dark ground or in black on a light ground. They shall also be permanently marked on the sides of the ships to the satisfaction of the Administration. The marks shall be plainly visible and, if necessary, special arrangements shall be made for this purpose.



Regulation 9 Verification of Marks

The International Load Line Certificate (1966) shall not be delivered to the ship until the officer or surveyor acting under the provisions of Article 13 of the present Convention has certified that the marks are correctly and permanently indicated on the ship’s sides.



CHAPTER II.—CONDITIONS OF ASSIGNMENT OFFREEBOARD

Regulation 10 Information to be supplied to the Master

(1) The master of every new ship shall be supplied with sufficient information, in an approved form, to enable him to arrange for the loading and ballasting of his ship in such a way as to avoid the creation of any unacceptable stresses in the ship’s structure, provided that this requirement need not apply to any particular length, design or class of ship where the Administration considers it to be unnecessary.

(2) The master of every new ship which is not already provided with stability information under an international convention for the safety of life at sea in force shall be supplied with sufficient information in an approved form to give him guidance as to the stability of the ship under varying conditions of service, and a copy shall be furnished to the Administration.

Regulation 11 Superstructure End Bulkheads

Bulkheads at exposed ends of enclosed superstructures shall be of efficient construction and shall be to the satisfaction of the Administration.

Regulation 12 Doors

(1) All access openings in bulkheads at ends of enclosed superstructures shall be fitted with doors of steel or other equivalent material, permanently and strongly attached to the bulkhead, and framed, stiffened and fitted so that the whole structure is of equivalent strength to the unpierced bulkhead and weathertight when closed. The means for securing these doors weathertight shall consist of gaskets and clamping devices or other equivalent means and shall be permanently attached to the bulkhead or to the doors themselves, and the doors shall be so arranged that they can be operated from both sides of the bulkhead.



(2) Except as otherwise provided in these Regulations, the height of the sills of access openings in bulkheads at ends of enclosed superstructures shall be at least 380 millimetres (15 inches) above the deck.

Regulation 13 Position of Hatchways, Doorways and Ventilators

For the purpose of the Regulations, two positions of hatchways, doorways and ventilators are defined as follows:

Position 1—Upon exposed freeboard and raised quarter decks, and upon exposed superstructure decks situated forward of a point located a quarter of the ship’s length from the forward perpendicular.

Position 2—Upon exposed superstructure decks situated abaft a quarter of the ship’s length from the forward perpendicular.

Regulation 14 Cargo and other Hatchways

(1) The construction and the means for securing the weathertightness of cargo and other hatchways in positions 1 and 2 shall be at least equivalent to the requirements of Regulations 15 and 16 of this Annex.

(2) Coamings and hatchway covers to exposed hatchways on decks above the superstructure deck shall comply with the requirements of the Administration.

Regulation 15 Hatchways closed by Portable Covers and secured Weathertight by Tarpaulins

and Battening Devices

Hatchway Coamings

(1) The coamings of hatchways closed by portable covers secured weathertight by tarpaulins and battening devices shall be of substantial construction, and their height above the deck shall be at least as follows:

600 millimetres (23½ inches) if in position 1. 450 millimetres (17½ inches) if in position 2.



Hatchway Covers

(2) The width of each bearing surface for hatchway covers shall be at least 65 millimetres (2½ inches).

(3) Where covers are made of wood, the finished thickness shall be at least 60 millimetres (23/8 inches) in association with a span of not more than 1.5 metres (4.9 feet).

(4) Where covers are made of mild steel the strength shall be calculated with assumed loads not less than 1.75 metric tons per square metre (358 pounds per square foot) on hatchways in position 1, and not less than 1.30 metric tons per square metre (266 pounds per square foot) on hatchways in position 2, and the product of the maximum stress thus calculated and the factor 4.25 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0028 times the span under these loads.

(5) The assumed loads on hatchways in position 1 may be reduced to 1 metric ton per square metre (205 pounds per square foot) for ships of 24 metres (79 feet) in length and shall be not less than 1.75 metric tons per square metre (358 pounds per square foot) for ships of 100 metres (328 feet) in length. The corresponding loads on hatchways in position 2 may be reduced to 0.75 metric tons per square metre (154 pounds per square foot) and 1.30 metric tons per square metre (266 pounds per square foot) respectively. In all cases values at intermediate lengths shall be obtained by interpolation.

Portable Beams

(6) Where portable beams for supporting hatchway covers are made of mild steel the strength shall be calculated with assumed loads not less than 1.75 metric tons per square metre (358 pounds per square foot) on hatchways in position 1 and not less than 1.30 metric tons per square metre (266 pounds per square foot) on hatchways in position 2 and the product of the maximum stress thus calculated and the factor 5 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0022 times the span under these loads. For ships of not more than 100 metres (328 feet) in length the requirements of paragraph (5) of this Regulation are applicable.

Pontoon Covers

(7) Where pontoon covers used in place of portable beams and covers are made of mild steel the strength shall be calculated with the assumed loads given in paragraph (4) of this Regulation, and the product of the maximum stress thus



calculated and the factor 5 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0022 times the span. Mild steel plating forming the tops of covers shall be not less in thickness than one per cent of the spacing of stiffeners or 6 millimetres (0.24 inches) if that be greater. For ships of not more than 100 metres (328 feet) in length the requirements of paragraph (5) of this Regulation are applicable.

(8) The strength and stiffness of covers made of materials other than mild steel shall be equivalent to those of mild steel to the satisfaction of the Administration.

Carriers or Sockets

(9) Carriers or sockets for portable beams shall be of substantial construction, and shall provide means for the efficient fitting and securing of the beams. Where rolling types of beams are used, the arrangements shall ensure that the beams remain properly in position when the hatchway is closed.

Cleats

(10) Cleats shall be set to fit the taper of the wedges. They shall be at least 65 millimetres (2½ inches) wide and spaced not more than 600 millimetres (23½ inches) centre to centre; the cleats along each side or end shall be not more than 150 millimetres (6 inches) from the hatch corners.

Battens and Wedges

(11) Battens and wedges shall be efficient and in good condition. Wedges shall be of tough wood or other equivalent material. They shall have a taper of not more than 1 in 6 and shall be not less than 13 millimetres (½ inch) thick at the toes.

Tarpaulins

(12) At least two layers of tarpaulin in good condition shall be provided for each hatchway in position 1 or 2. The tarpaulins shall be waterproof and of ample strength. They shall be of a material of at least an approved standard weight and quality.

Security of Hatchway Covers

(13) For all hatchways in position 1 or 2 steel bars or other equivalent means shall be provided in order efficiently and independently to secure each section of hatchway covers after the tarpaulins are battened down. Hatchway covers of



more than 1.5 metres (4.9 feet) in length shall be secured by at least two such securing appliances.

Regulation 16 Hatchways closed by Weathertight Covers of Steel or Other Equivalent

Material fitted with Gaskets and Clamping Devices

Hatchway Coamings

(1) At positions 1 and 2 the height above the deck of hatchway coamings fitted with weathertight hatch covers of steel or other equivalent material fitted with gaskets and clamping devices shall be as specified in Regulation 15 (1). The height of these coamings may be reduced, or the coamings omitted entirely, on condition that the Administration is satisfied that the safety of the ship is not thereby impaired in any sea conditions. Where coamings are provided they shall be of substantial construction.

Weathertight Covers

(2) Where weathertight covers are of mild steel the strength shall be calculated with assumed loads not less than 1.75 metric tons per square metre (358 pounds per square foot) on hatchways in position 1, and not less than 1.30 metric tons per square metre (266 pounds per square foot) on hatchways in position 2, and the product of the maximum stress thus calculated and the factor of 4.25 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0028 times the span under these loads. Mild steel plating forming the tops of covers shall be not less in thickness than one per cent of the spacing of stiffeners or 6 millimetres (0.24 inches) if that be greater. The provisions of Regulation 15 (5) are applicable for ships of not more than 100 metres (328 feet) in length.

(3) The strength and stiffness of covers made of materials other than mild steel shall be equivalent to those of mild steel to the satisfaction of the Administration.

Means for Securing Weathertightness

(4) The means for securing and maintaining weathertightness shall be to the satisfaction of the Administration. The arrangements shall ensure that the tightness can be maintained in any sea conditions, and for this purpose tests for tightness shall be required at the initial survey, and may be required at periodical surveys and at annual inspections or at more frequent intervals.



Regulation 17 Machinery Space Openings

(1) Machinery space openings in position 1 or 2 shall be properly framed and efficiently enclosed by steel casings of ample strength, and where the casings are not protected by other structures their strength shall be specially considered. Access openings in such casings shall be fitted with doors complying with the requirements of Regulation 12 (1), the sills of which shall be at least 600 millimetres (23½ inches) above the deck if in position 1, and at least 380 millimetres (15 inches) above the deck if in position 2. Other openings in such casings shall be fitted with equivalent covers, permanently attached in their proper positions.

(2) Coamings of any fiddley, funnel or machinery space ventilator in an exposed position on the freeboard or superstructure deck shall be as high above the deck as is reasonable and practicable. Fiddley openings shall be fitted with strong covers of steel or other equivalent material permanently attached in their proper positions and capable of being secured weathertight.

Regulation 18 Miscellaneous Openings in Freeboard and Superstructure Decks

(1) Manholes and flush scuttles in position 1 or 2 or within superstructures other than enclosed superstructures shall be closed by substantial covers capable of being made watertight. Unless secured by closely spaced bolts, the covers shall be permanently attached.

(2) Openings in freeboard decks other than hatchways, machinery space openings, manholes and flush scuttles shall be protected by an enclosed superstructure, or by a deckhouse or companionway of equivalent strength and weathertightness. Any such opening in an exposed superstructure deck or in the top of a deckhouse on the freeboard deck which gives access to a space below the freeboard deck or a space within an enclosed superstructure shall be protected by an efficient deckhouse or companionway. Doorways in such deckhouses or companionways shall be fitted with doors complying with the requirements of Regulation 12 (1).

(3) In position 1 the height above the deck of sills to the doorways in companionways shall be at least 600 millimetres (23½ inches). In position 2 it shall be at least 380 millimetres (15 inches).



Regulation 19 Ventilators

(1) Ventilators in position 1 or 2 to spaces below freeboard decks or decks of enclosed superstructures shall have coamings of steel or other equivalent material, substantially constructed and efficiently connected to the deck. Where the coaming of any ventilator exceeds 900 millimetres (35½ inches) in height it shall be specially supported.

(2) Ventilators passing through superstructures other than enclosed superstructures shall have substantially constructed coamings of steel or other equivalent material at the freeboard deck.

(3) Ventilators in position 1 the coamings of which extend to more than 4.5 metres (14.8 feet) above the deck, and in position 2 the coamings of which extend to more than 2.3 metres (7.5 feet) above the deck, need not be fitted with closing arrangements unless specifically required by the Administration.

(4) Except as provided in paragraph (3) of this Regulation, ventilator openings shall be provided with efficient weathertight closing appliances. In ships of not more than 100 metres (328 feet) in length the closing appliances shall be permanently attached; where not so provided in other ships, they shall be conveniently stowed near the ventilators to which they are to be fitted. Ventilators in position 1 shall have coamings of a height of at least 900 millimetres (35½ inches) above the deck; in position 2 the coamings shall be of a height at least 760 millimetres (30 inches) above the deck.

(5) In exposed positions, the height of coamings may be required to be increased to the satisfaction of the Administration.

Regulation 20 Air Pipes

Where air pipes to ballast and other tanks extend above the freeboard or superstructure decks, the exposed parts of the pipes shall be of substantial construction; the height from the deck to the point where water may have access below shall be at least 760 millimetres (30 inches) on the freeboard deck and 450 millimetres (17½ inches) on the superstructure deck. Where these heights may interfere with the working of the ship, a lower height may be approved, provided the Administration is satisfied that the closing arrangements and other circumstances justify a lower height. Satisfactory means permanently attached, shall be provided for closing the openings of the air pipes.



Regulation 21 Cargo Ports and other similar Openings

(1) Cargo ports and other similar openings in the sides of ships below the freeboard deck shall be fitted with doors so designed as to ensure watertightness and structural integrity commensurate with the surrounding shell plating. The number of such openings shall be the minimum compatible with the design and proper working of the ship.

(2) Unless permitted by the Administration, the lower edge of such openings shall not be below a line drawn parallel to the freeboard deck at side, which has at its lowest point the upper edge of the uppermost load line.

Regulation 22 Scuppers, Inlets and Discharges

(1) Discharges led through the shell either from spaces below the freeboard deck or from within superstructures and deckhouses on the freeboard deck fitted with doors complying with the requirements of Regulation 12 shall be fitted with efficient and accessible means for preventing water from passing inboard. Normally each separate discharge shall have one automatic non-return valve with a positive means of closing it from a position above the freeboard deck. Where, however, the vertical distance from the summer load waterline to the inboard end of the discharge pipe exceeds 0.01 L, the discharge may have two automatic non-return valves without positive means of closing, provided that the inboard valve is always accessible for examination under service conditions; where that vertical distance exceeds 0.02 L a single automatic non-return valve without positive means of closing may be accepted subject to the approval of the Administration. The means for operating the positive action valve shall be readily accessible and provided with an indicator showing whether the valve is open or closed.

(2) In manned machinery spaces main and auxiliary sea inlets and discharges in connexion with the operation of machinery may be controlled locally. The controls shall be readily accessible and shall be provided with indicators showing whether the valves are open or closed.

(3) Scuppers and discharge pipes originating at any level and penetrating the shell either more than 450 millimetres (17½ inches) below the freeboard deck or less than 600 millimetres (23½ inches) above the summer load waterline shall be provided with a non-return valve at the shell. This valve,



unless required by paragraph (1), may be omitted if the piping is of substantial thickness.

(4) Scuppers leading from superstructures or deckhouses not fitted with doors complying with the requirements of Regulation 12 shall be led overboard.

(5) All valves and shell fittings required by this Regulation shall be of steel, bronze or other approved ductile material. Valves of ordinary cast iron or similar material are not acceptable. All pipes to which this Regulation refers shall be of steel or other equivalent material to the satisfaction of the Administration.

Regulation 23 Side Scuttles

(1) Side scuttles to spaces below the freeboard deck or to spaces within enclosed superstructures shall be fitted with efficient hinged inside deadlights arranged so that they can be effectively closed and secured watertight.

(2) No side scuttle shall be fitted in a position so that its sill is below a line drawn parallel to the freeboard deck at side and having its lowest point 2.5 per cent of the breadth (B) above the load waterline, or 500 millimetres (19½ inches), whichever is the greater distance.

(3) The side scuttles, together with their glasses, if fitted, and deadlights, shall be of substantial and approved construction.

Regulation 24 Freeing Ports

(1) Where bulwarks on the weather portions of freeboard or superstructure decks form wells, ample provision shall be made for rapidly freeing the decks of water and for draining them. Except as provided in paragraphs (2) and (3) of this Regulation, the minimum freeing port area (A) on each side of the ship for each well on the freeboard deck shall be that given by the following formulae in cases where the sheer in way of the well is standard or greater than standard. The minimum area for each well on superstructure decks shall be one-half of the area given by the formulae.

Where the length of bulwark (l) in the well is 20 metres or less A = 0.7 + 0.035l square metres,

where l exceeds 20 metres A = 0.07l square metres.



l need in no case be taken as greater than 0.7 L. If the bulwark is more than 1.2 metres in average height the required area shall be increased by 0.004 square metres per metre of length of well for each 0.1 metre difference in height. If the bulwark is less than 0.9 metre in average height, the required area may be decreased by 0.004 square metres per metre of length of well for each 0.1 metre difference in height.

Or, where the length of bulwark (l) in the well is 66 feet or less

A = 7.6 + 0.115l square feet, where l exceeds 66 feet

A = 0.23l square feet.

l need in no case be taken as greater than 0.7 L. If the bulwark is more than 3.9 feet in average height the required area shall be increased by 0.04 square feet per foot of length of well for each foot difference in height. If the bulwark is less than 3 feet in average height, the required area may be decreased by 0.04 square feet per foot of length for each foot difference in height.

(2) In ships with no sheer the calculated area shall be increased by 50 per cent. Where the sheer is less than the standard the percentage shall be obtained by interpolation.

(3) Where a ship is fitted with a trunk which does not comply with the requirements of Regulation 36 (1) (e) or where continuous or substantially continuous hatchway side coamings are fitted between detached superstructures the minimum area of the freeing port openings shall be calculated from the following Table:

Breadth of hatchway or trunk in relation to the breadth of ship

Area of freeing ports in relation to the total area of the bulwarks

40% or less 20% 75% or more 10%

The area of freeing ports at intermediate breadths shall be obtained by linear interpolation.

(4) In ships having superstructures which are open at either or both ends, adequate provision for freeing the space within such superstructures shall be provided to the satisfaction of the Administration.



(5) The lower edges of the freeing ports shall be as near the deck as practicable. Two-thirds of the freeing port area required shall be provided in the half of the well nearest the lowest point of the sheer curve.

(6) All such openings in the bulwarks shall be protected by rails or bars spaced approximately 230 millimetres (9 inches) apart. If shutters are fitted to freeing ports, ample clearance shall be provided to prevent jamming. Hinges shall have pins or bearings of non-corrodible material. If shutters are fitted with securing appliances, these appliances shall be of approved construction.

Regulation 25 Protection of the Crew

(1) The strength of the deckhouses used for the accommodation of the crew shall be to the satisfaction of the Administration.

(2) Efficient guard rails or bulwarks shall be fitted on all exposed parts of the freeboard and superstructure decks. The height of the bulwarks or guard rails shall be at least 1 metre (39½ inches) from the deck, provided that where this height would interfere with the normal operation of the ship, a lesser height may be approved if the Administration is satisfied that adequate protection is provided.

(3) The opening below the lowest course of the guard rails shall not exceed 230 millimetres (9 inches). The other courses shall be not more than 380 millimetres (15 inches) apart. In the case of ships with rounded gunwales the guard rail supports shall be placed on the flat of the deck.

(4) Satisfactory means (in the form of guard rails, life lines, gangways or underdeck passages etc.) shall be provided for the protection of the crew in getting to and from their quarters, the machinery space and all other parts used in the necessary work of the ship.

(5) Deck cargo carried on any ship shall be so stowed that any opening which is in way of the cargo and which gives access to and from the crew’s quarters, the machinery space and all other parts used in the necessary work of the ship, can be properly closed and secured against the admission of water. Effective protection for the crew in the form of guard rails or life lines shall be provided above the deck cargo if there is no convenient passage on or below the deck of the ship.



Regulation 26 Special Conditions of Assignment for Type ‘A’ Ship

Machinery Casings

(1) Machinery casings on Type ‘A’ ships as defined in Regulation 27 shall be protected by an enclosed poop or bridge of at least standard height, or by a deckhouse of equal height and equivalent strength, provided that machinery casings may be exposed if there are no openings giving direct access from the freeboard deck to the machinery space. A door complying with the requirements of Regulation 12 may, however, be permitted in the machinery casing, provided that it leads to a space or passageway which is as strongly constructed as the casing and is separated from the stairway to the engine room by a second weathertight door of steel or other equivalent material.

Gangway and Access

(2) An efficiently constructed fore and aft permanent gangway of sufficient strength shall be fitted on Type ‘A’ ships at the level of the superstructure deck between the poop and the midship bridge or deckhouse where fitted, or equivalent means of access shall be provided to carry out the purpose of the gangway, such as passages below deck. Elsewhere, and on Type ‘A’ ships without a midship bridge, arrangements to the satisfaction of the Administration shall be provided to safeguard the crew in reaching all parts used in the necessary work of the ship.

(3) Safe and satisfactory access from the gangway level shall be available between separate crew accommodations and also between crew accommodations and the machinery space.

Hatchways

(4) Exposed hatchways on the freeboard and forecastle decks or on the tops of expansion trunks on Type ‘A’ ships shall be provided with efficient watertight covers of steel or other equivalent material.

Freeing Arrangements

(5) Type ‘A’ ships with bulwarks shall have open rails fitted for at least half the length of the exposed parts of the weather deck or other effective freeing arrangements. The upper edge of the sheer strake shall be kept as low as practicable.

(6) Where superstructures are connected by trunks, open rails shall be fitted for the whole length of the exposed parts of the freeboard deck.



CHAPTER III.—FREEBOARDS

Regulation 27 Types of Ships

(1) For the purposes of freeboard computation ships shall be divided into Type ‘A’ and Type ‘B’

Type ‘A’ ships

(2) A Type ‘A’ ship is one which is designed to carry only liquid cargoes in bulk, and in which cargo tanks have only small access openings closed by watertight gasketed covers of steel or equivalent material. Such a ship necessarily has the following inherent features: (a) high integrity of the exposed deck; and (b) high degree of safety against flooding, resulting from the low

permeability of loaded cargo spaces and the degree of subdivision usually provided.

(3) A Type ‘A’ ship, if over 150 metres (492 feet) in length, and designed to have empty compartments when loaded to its summer load waterline, shall be able to withstand the flooding of any one of these empty compartments at an assumed permeability of 0.95, and remain afloat in a condition of equilibrium considered to be satisfactory by the Administration. In such a ship, if over 225 metres (738 feet) in length, the machinery space shall be treated as a floodable compartment but with a permeability of 0.85.

For the guidance of Administrations the following limits may be regarded as satisfactory: (a) the final waterline after flooding is below the lower edge of any

opening through which progressive flooding may take place; (b) the maximum angle of heel due to unsymmetrical flooding is of the

order of 15 degrees; (c) the metacentric height in the flooded condition is positive.

(4) A Type ‘A’ ship shall be assigned a freeboard not less than that based on Table A of Regulation 28.



Type ‘B’ ships

(5) All ships which do not come within the provisions regarding Type ‘A’ ships in paragraphs (2) and (3) of this Regulation shall be considered as Type ‘B’ ships.

(6) Type ‘B’ ships, which in position 1 have hatchways fitted with hatch covers complying with the requirements of Regulations 15 (7) or 16 shall, except as provided in paragraphs (7) to (10) inclusive of this Regulation, be assigned freeboards based on Table B of Regulation 28.

(7) Any Type ‘B’ ships of over 100 metres (328 feet) in length may be assigned freeboards less than those required under paragraph (6) of this Regulation provided that, in relation to the amount of reduction granted, the Administration is satisfied that: (a) the measures provided for the protection of the crew are adequate; (b) the freeing arrangements are adequate; (c) the covers in positions 1 and 2 comply with the provisions of

Regulation 16 and have adequate strength; special care being given to their sealing and securing arrangements;

(d) the ship, when loaded to its summer load waterline, will remain afloat in a satisfactory condition of equilibrium after flooding of any single damaged compartment at an assumed permeability of 0.95 excluding the machinery space; and

(e) in such a ship, if over 225 metres (738 feet) in length, the machinery space shall be treated as a floodable compartment but with a permeability of 0.85.

For the guidance of Administrations in applying sub-paragraphs (d) and (e) of this paragraph the limits given in sub-paragraphs (3) (a), (b) and (c) may be regarded as satisfactory.

The relevant calculations may be based upon the following main assumptions:

– the vertical extent of damage is equal to the depth of the ship; – the penetration of damage is not more than B/5; – no main transverse bulkhead is damaged; – the height of the centre of gravity above the base line is assessed

allowing for homogeneous loading of cargo holds, and for 50 per cent of the designed capacity of consumable fluids and stores, etc.

(8) In calculating the freeboards for Type ‘B’ ships which comply with the requirements of paragraph (7) of this Regulation, the values from Table B of



Regulation 28 shall not be reduced by more than 60 per cent of the difference between the ‘B’ and ‘A’ tabular values for the appropriate ship lengths.

(9) The reduction in tabular freeboard allowed under paragraph (8) of this Regulation may be increased up to the total difference between the values in Table A and those in Table B of Regulation 28 on condition that the ship complies with the requirements of Regulation 26 (1), (2), (3), (5) and (6), as if it were a Type ‘A’ ship, and further complies with the provisions of paragraph (7) (a) to (d) inclusive of this Regulation except that the reference in sub-paragraph (d) to the flooding of any single damaged compartment shall be treated as a reference to the flooding of any two adjacent fore and aft compartments, neither of which is the machinery space. Also any such ship of over 225 metres (738 feet) in length, when loaded to its summer load waterline, shall remain afloat in a satisfactory condition of equilibrium after flooding of the machinery space, taken alone, at an assumed permeability of 0.85.

(10) Type ‘B’ ships, which in position 1 have hatchways fitted with hatch covers which comply with the requirements of Regulation 15, other than paragraph (7), shall be assigned freeboards based upon the values given in Table B of Regulation 28 increased by the values given in the following table:

Freeboard increase over tabular freeboard for Type ‘B’ ships, for ships with hatch covers not complying with Regulation 15 (7) or 16

Length of ship

Freeboard increase

Length of ship

Freeboard increase

Length of ship

Freeboard increase

(metres) (millimetres) (metres) (millimetres) (metres) (millimetres) 108 and below

50

139

175

170

290

109 52 140 181 171 292 110 55 141 186 172 294 111 57 142 191 173 297 112 59 143 196 174 299 113 62 144 201 175 301 114 64 145 206 176 304 115 68 146 210 177 306 116 70 147 215 178 308 117 73 148 219 179 311 118 76 149 224 180 313 119 80 150 228 181 315 120 84 151 232 182 318



Length of ship

Freeboard increase

Length of ship

Freeboard increase

Length of ship

Freeboard increase

(metres) (millimetres) (metres) (millimetres) (metres) (millimetres) 121 87 152 236 183 320 122 91 153 240 184 322 123 95 154 244 185 325 124 99 155 247 186 327 125 103 156 251 187 329 126 108 157 254 188 332 127 112 158 258 189 334 128 116 159 261 190 336 129 121 160 264 191 339 130 126 161 267 192 341 131 131 162 270 193 343 132 136 163 273 194 346 133 142 164 275 195 348 134 147 165 278 196 350 135 153 166 280 197 353 136 159 167 283 198 355 137 164 168 285 199 357 138 170 169 287 200 358

Freeboards at intermediate lengths of ship shall be obtained by linear interpolation. Ships above 200 metres in length shall be dealt with by the Administration.

Freeboard increase over tabular freeboard for Type ‘B’ ships, for ships with hatch covers not complying with Regulation 15 (7) or 16

Length of ship

Freeboard increase

Length of ship

Freeboard increase

Length of ship

Freeboard increase

(feet) (inches) (feet) (inches) (feet) (inches) 350 and below

2.0

450 460

6.4 7.0

560 570

11.4 11.8

360 2.3 470 7.6 580 12.1 370 2.6 480 8.2 590 12.5 380 2.9 490 8.7 600 12.8 390 3.3 500 9.2 610 13.1



Length of ship

Freeboard increase

Length of ship

Freeboard increase

Length of ship

Freeboard increase

(feet) (inches) (feet) (inches) (feet) (inches) 400 3.7 510 9.6 620 13.4 410 4.2 520 10.0 630 13.6 420 4.7 530 10.4 640 13.9 430 5.2 540 10.7 650 14.1 440 5.8 550 11.0 660 14.3

Freeboards at intermediate lengths of ship shall be obtained by linear interpolation. Ships above 660 feet in length shall be dealt with by the Administration.

(11) A lighter, barge or other ship without independent means of propulsion shall be assigned a freeboard in accordance with the provisions of these Regulations. However, in the case of barges which are unmanned the requirements of Regulations 25, 26 (2) and (3) and 39 shall not apply. Such unmanned barges which have on the freeboard deck only small access openings closed by weathertight gasketed covers of steel or equivalent material may be assigned freeboards 25 per cent less than those calculated in accordance with these Regulations.



Regulation 28 Freeboard Tables

Type ‘A’ Ships

(1) The tabular freeboard for Type ‘A’ ships shall be determined from the following table:

TABLE A

Freeboard Table for Type ‘A’ Ship

Length of ship

Freeboard

(metres) (millimetres) 24 200 25 208 26 217 27 225 28 233 29 242 30 250 31 258 32 267 33 275 34 283 35 292 36 300 37 308 38 316 39 325 40 334 41 344 42 354 43 364 44 374 45 385 46 396

Length of ship

Freeboard


Length of ship

Freeboard




Length of ship

Freeboard

(metres) (millimetres) 93 1029 94 1044 95 1059 96 1074 97 1089 98 1105 99 1120 100 1135 101 1151 102 1166 103 1181 104 1196 105 1212 106 1228 107 1244 108 1260 109 1276 110 1293 111 1309 112 1326 113 1342 114 1359 115 1376 116 1392 117 1409 118 1426 119 1442 120 1459 121 1476 122 1494 123 1511 124 1528

Length of ship

Freeboard


Length of ship

Freeboard




Length of ship

Freeboard


Length of ship

Freeboard


Length of ship

Freeboard




Length of ship

Freeboard

(metres) (millimetres) 285 3198 286 3202 287 3207 288 3211 289 3215 290 3220 291 3224 292 3228 293 3233 294 3237 295 3241 296 3246 297 3250 298 3254 299 3258 300 3262 301 3266 302 3270 303 3274 304 3278 305 3281 306 3285 307 3288 308 3292 309 3295 310 3298 311 3302

Length of ship

Freeboard


Length of ship

Freeboard




Freeboards at intermediate lengths of ship shall be obtained by linear interpolation. Ships above 365 metres in length shall be dealt with by the Administration.

TABLE A

Freeboard Table for Type ‘A’ Ships

Length of ship

Freeboard Length of ship


Freeboard

(feet) (inches) (feet) (inches) (feet) (inches) 80 8.0 230 27.8 380 54.7 90 8.9 240 29.5 390 56.8 100 9.8 250 31.1 400 58.8 110 10.8 260 32.8 410 60.9 120 11.9 270 34.6 420 62.9 130 13.0 280 36.3 430 65.0 140 14.2 290 38.0 440 67.0 150 15.5 300 39.7 450 69.1 160 16.9 310 41.4 460 71.1 170 18.3 320 43.2 470 73.1 180 19.8 330 45.0 480 75.1 190 21.3 340 46.9 490 77.1 200 22.9 350 48.8 500 79.0 210 24.5 360 50.7 510 80.9 220 26.2 370 52.7 520 82.7 530 84.5 760 113.5 990 128.6 540 86.3 770 114.4 1000 129.0 550 88.0 780 115.3 1010 129.4 560 89.6 790 116.1 1020 129.9 570 91.1 800 117.0 1030 130.3 580 92.6 810 117.8 1040 130.7 590 94.1 820 118.6 1050 131.0 600 95.5 830 119.3 1060 131.4 610 96.9 840 120.1 1070 131.7 620 98.3 850 120.7 1080 132.0 630 99.6 860 121.4 1090 132.3 640 100.9 870 122.1 1100 132.6



Length of ship



Freeboard

(feet) (inches) (feet) (inches) (feet) (inches) 650 102.1 880 122.7 1110 132.9 660 103.3 890 123.4 1120 133.2 670 104.4 900 124.0 1130 133.5 680 105.5 910 124.6 1140 133.8 690 106.6 920 125.2 1150 134.0 700 107.7 930 125.7 1160 134.3 710 108.7 940 126.2 1170 134.5 720 109.7 950 126.7 1180 134.7 730 110.7 960 127.2 1190 135.0 740 111.7 970 127.7 1200 135.2 750 112.6 980 128.1

Freeboards at intermediate lengths of ship shall be obtained by linear interpolation. Ships above 1200 feet in length shall be dealt with by the Administration.

Type ‘B’ ships

(2) The tabular freeboard for Type ‘B’ ships shall be determined from the following table:

TABLE B

Freeboard Table for Type ‘B’ Ships

Length of ship



Freeboard

(metres) (millimetres) (metres) (millimetres) (metres) (millimetres) 24 200 45 385 66 659 25 208 46 396 67 674 26 217 47 408 68 689 27 225 48 420 69 705 28 233 49 432 70 721 29 242 50 443 71 738 30 250 51 455 72 754 31 258 52 467 73 769 32 267 53 478 74 784



Length of ship



Freeboard

(metres) (millimetres) (metres) (millimetres) (metres) (millimetres) 33 275 54 490 75 800 34 283 55 503 76 816 35 292 56 516 77 833 36 300 57 530 78 850 37 308 58 544 79 868 38 316 59 559 80 887 39 325 60 573 81 905 40 334 61 587 82 923 41 344 62 601 83 942 42 354 63 615 84 960 43 364 64 629 85 978 44 374 65 644 86 996 87 1015 148 2271 209 3413 88 1034 149 2293 210 3430 89 1054 150 2315 211 3445 90 1075 151 2334 212 3460 91 1096 152 2354 213 3475 92 1116 153 2375 214 3490 93 1135 154 2396 215 3505 94 1154 155 2418 216 3520 95 1172 156 2440 217 3537 96 1190 157 2460 218 3554 97 1209 158 2480 219 3570 98 1229 159 2500 220 3586 99 1250 160 2520 221 3601 100 1271 161 2540 222 3615 101 1293 162 2560 223 3630 102 1315 163 2580 224 3645 103 1337 164 2600 225 3660 104 1359 165 2620 226 3675 105 1380 166 2640 227 3690 106 1401 167 2660 228 3705



Length of ship



Freeboard




Length of ship



Freeboard

(metres) (millimetres) (metres) (millimetres) (metres) (millimetres) 293 4548 325 4899 357 5230 294 4560 326 4909 358 5240 295 4572 327 4920 359 5250 296 4583 328 4931 360 5260 297 4595 329 4943 361 5268 298 4607 330 4955 362 5276 299 4618 331 4965 363 5285 300 4630 332 4975 364 5294 301 4642 333 4985 365 5303 Freeboards at intermediate lengths of ship shall be obtained by linear interpolation. Ships above 365 metres in length shall be dealt with by the Administration.

TABLE B

Freeboard Table for Type ‘B’ Ships

Length of ship



Freeboard

(feet) (inches) (feet) (inches) (feet) (inches) 80 8.0 230 28.5 380 63.2 90 8.9 240 30.4 390 65.7 100 9.8 250 32.4 400 68.2 110 10.8 260 34.4 410 70.7 120 11.9 270 36.5 420 73.2 130 13.0 280 38.7 430 75.7 140 14.2 290 41.0 440 78.2 150 15.5 300 43.3 450 80.7 160 16.9 310 45.7 460 83.1 170 18.3 320 48.2 470 85.6 180 19.8 330 50.7 480 88.1 190 21.3 340 53.2 490 90.6 200 22.9 350 55.7 500 93.1 210 24.7 360 58.2 510 95.6 220 26.6 370 60.7 520 98.1



Length of ship



Freeboard

(feet) (inches) (feet) (inches) (feet) (inches) 530 100.6 760 148.1 990 183.1 540 103.0 770 149.8 1000 184.4 550 105.4 780 151.5 1010 185.8 560 107.7 790 153.2 1020 187.2 570 110.0 800 154.8 1030 188.5 580 112.3 810 156.4 1040 189.8 590 114.6 820 158.0 1050 191.0 600 116.8 830 159.6 1060 192.3 610 119.0 840 161.2 1070 193.5 620 121.1 850 162.8 1080 194.8 630 123.2 860 164.3 1090 196.1 640 125.3 870 165.9 1100 197.3 650 127.3 880 167.4 1110 198.6 660 129.3 890 168.9 1120 199.9 670 131.3 900 170.4 1130 201.2 680 133.3 910 171.8 1140 202.3 690 135.3 920 173.3 1150 203.5 700 137.1 930 174.7 1160 204.6 710 139.0 940 176.1 1170 205.8 720 140.9 950 177.5 1180 206.9 730 142.7 960 178.9 1190 208.1 740 144.5 970 180.3 1200 209.3 750 146.3 980 181.7 Freeboards at intermediate lengths of ship shall be obtained by linear interpolation. Ships above 1200 feet in length shall be dealt with by the Administration.

Regulation 29 Correction to the Freeboard for Ships under 100 metres (328 feet) in length

The tabular freeboard for a Type ‘B’ ship of between 24 metres (79 feet) and 100 metres (328 feet) in length having enclosed superstructures with an



effective length of up to 35 per cent of the length of the ship shall be increased by:

E7.5 (100–L) 0.35 – millimetresL

⎛ ⎞⎜ ⎟⎝ ⎠

where L = length of ship in metres, E = effective length of superstructure in metres as defined in

Regulation 35; or

E0.09 (328–L) 0.35 – inchesL

⎛ ⎞⎜ ⎟⎝ ⎠

where L = length of ship in feet, E = effective length of superstructure in feet as defined in

Regulation 35.

Regulation 30 Correction for Block Coefficient

Where the block coefficient (Cb) exceeds 0.68, the tabular freeboard specified in Regulation 28 as modified, if applicable, by Regulations 27 (8), 27

(10) and 29 shall be multiplied by the factor bC 0.681.36+

.

Regulation 31 Correction for Depth

(1) Where D exceeds L15

the freeboard shall be increased by

LD – 15

⎛ ⎞⎜ ⎟⎝ ⎠

R millimetres where R is L0.48

at lengths less than 120

metres and 250 at 120 metres length and above, or LD 15

⎛ ⎞−⎜ ⎟⎝ ⎠

R inches, where R is L131.2

at lengths less than 393.6 feet

and 3 at 393.6 feet length and above.



(2) Where D is less than L15

no reduction shall be made except in a ship

with an enclosed superstructure covering at least 0.6 L amidships, with a complete trunk, or combination of detached enclosed superstructures and trunks which extend all fore and aft, where the freeboard shall be reduced at the rate prescribed in paragraph (1) of this Regulation.

(3) Where the height of superstructure or trunk is less than the standard height, the reduction shall be in the ratio of the actual to the standard height as defined in Regulation 33.

Regulation 32 Correction for Position of Deck Line

Where the actual depth to the upper edge of the deck line is greater or less than D, the difference between the depths shall be added to or deducted from the freeboard.

Regulation 33 Standard Height of Superstructure

The standard height of a superstructure shall be as given in the following table:

Standard Height (in metres)

L Raised (metres) Quarter Deck All other Superstructures 30 or less 0.90 1.80 75 1.20 1.80 125 or more 1.80 2.30 Standard Height (in feet) L Raised (feet) Quarter Deck All other Superstructures 98.5 or less 3.0 5.9 246 3.9 5.9 410 or more 5.9 7.5

The standard heights at intermediate lengths of the ship shall be obtained by linear interpolation.



Regulation 34 Length of Superstructure

(1) Except as provided in paragraph (2) of this Regulation, the length of a superstructure (S) shall be the mean length of the parts of the superstructure which lie within the length (L).

(2) Where the end bulkhead of an enclosed superstructure extends in a fair convex curve beyond its intersection with the superstructure sides, the length of the superstructure may be increased on the basis of an equivalent plane bulkhead. This increase shall be two-thirds of the fore and aft extent of the curvature. The maximum curvature which may be taken into account in determining this increase is one-half the breadth of the superstructure at the point of intersection of the curved end of the superstructure with its side.

Regulation 35 Effective Length of Superstructure

(1) Except as provided for in paragraph (2) of this Regulation, the effective length (E) of an enclosed superstructure of standard height shall be its length.

(2) In all cases where an enclosed superstructure of standard height is set in from the sides of the ship as permitted in Regulation 3 (10), the effective length shall be the length modified by the ratio of b/Bs, where b is the breadth of the superstructure at the middle of its length; and Bs is the breadth of the ship at the middle of the length of the

superstructure. Where a superstructure is set in for a part of its length, this modification shall be applied only to the set in part.

(3) Where the height of an enclosed superstructure is less than the standard height, the effective length shall be its length reduced in the ratio of the actual height to the standard height. Where the height exceeds the standard, no increase shall be made to the effective length of the superstructure.

(4) The effective length of a raised quarter deck, if fitted with an intact bulkhead, shall be its length up to a maximum of 0.6 L. Where the bulkhead is not intact, the raised quarter deck shall be treated as a poop of less than standard height.

(5) Superstructures which are not enclosed shall have no effective length.



Regulation 36 Trunks

(1) A trunk or similar structure which does not extend to the sides of the ship shall be regarded as efficient on the following conditions: (a) the trunk is at least as strong as a superstructure; (b) the hatchways are in the trunk deck, and the hatchway coamings and

covers comply with the requirements of Regulations 13 to 16 inclusive and the width of the trunk deck stringer provides a satisfactory gangway and sufficient lateral stiffness. However, small access openings with watertight covers may be permitted in the freeboard deck;

(c) a permanent working platform fore and aft fitted with guard rails is provided by the trunk deck, or by detached trunks connected to superstructures by efficient permanent gangways;

(d) ventilators are protected by the trunk, by watertight covers or by other equivalent means;

(e) open rails are fitted on the weather parts of the freeboard deck in way of the trunk for at least half their length;

(f) the machinery casings are protected by the trunk, by a superstructure of at least standard height, or by a deckhouse of the same height and of equivalent strength;

(g) the breadth of the trunk is at least 60 per cent of the breadth of the ship; and

(h) where there is no superstructure, the length of the trunk is at least 0.6 L.

(2) The full length of an efficient trunk reduced in the ratio of its mean breadth to B shall be its effective length.

(3) The standard height of a trunk is the standard height of a superstructure other than a raised quarter deck.

(4) Where the height of a trunk is less than the standard height, its effective length shall be reduced in the ratio of the actual to the standard height. Where the height of hatchway coamings on the trunk deck is less than that required under Regulation 15 (1), a reduction from the actual height of trunk shall be made which corresponds to the difference between the actual and the required height of coaming.



Regulation 37 Deduction for Superstructures and Trunks

(1) Where the effective length of superstructures and trunks is 1.0 L, the deduction from the freeboard shall be 350 millimetres at 24 metres length of ship, 860 millimetres at 85 metres length, and 1070 millimetres at 122 metres length and above (14 inches at 79 feet length of ship, 34 inches at 279 feet length, and 42 inches at 400 feet length and above); deductions at intermediate lengths shall be obtained by linear interpolation.

(2) Where the total effective length of superstructures and trunks is less than 1.0 L the deduction shall be a percentage obtained from one of the following tables:

Percentage of Deduction for Type ‘A’ ships

Total Effective Length of Superstructures and Trunks 0 0.1L 0.2L 0.3L 0.4L 0.5L 0.6L 0.7L 0.8L 0.9L 1.0L Percentage of deduction for all types of superstructures.

0

7

14

21

31

41

52

63

75.3

87.7

100

Percentages at intermediate lengths of superstructures shall be obtained by linear interpolation.

Percentage of Deduction for Type ‘B’ ships

Total Effective Length of Superstructures and Trunks Line 0 0.1L 0.2L 0.3L 0.4L 0.5L 0.6L 0.7L 0.8L 0.9L 1.0L

Ships with forecastle and without detached bridge

I

0

5

10

15

23.5

32

46

63

75.3

87.7

100

Ships with forecastle and detached bridge

II

0

6.3

12.7

19

27.5

36

46

63

75.3

87.7

100




(3) For ships of Type ‘B’: (a) Where the effective length of a bridge is less than 0.2 L, the percentages

shall be obtained by linear interpolation between lines I and II. (b) Where the effective length of a forecastle is more than 0.4 L, the

percentages shall be obtained from line II. (c) Where the effective length of a forecastle is less than 0.07 L, the above

percentages shall be reduced by: (0.07 L–f)5

0.07 L×

where f is the effective length of the forecastle.

Regulation 38 Sheer

General

(1) The sheer shall be measured from the deck at side to a line of reference drawn parallel to the keel through the sheer line amidships.

(2) In ships designed with a rake of keel, the sheer shall be measured in relation to a reference line drawn parallel to the design load waterline.

(3) In flush deck ships and in ships with detached superstructures the sheer shall be measured at the freeboard deck.

(4) In ships with topsides of unusual form in which there is a step or break in the topsides, the sheer shall be considered in relation to the equivalent depth amidships.

(5) In ships with a superstructure of standard height which extends over the whole length of the freeboard deck, the sheer shall be measured at the superstructure deck. Where the height exceeds the standard the least difference (Z) between the actual and standard heights shall be added to each end ordinate. Similarly, the intermediate ordinates at distances of 1/6 and 1/3 from each perpendicular shall be increased by 0.444 Z and 0.111 Z respectively.

(6) Where the deck of an enclosed superstructure has at least the same sheer as the exposed freeboard deck, the sheer of the enclosed portion of the freeboard deck shall not be taken into account.

(7) Where an enclosed poop or forecastle is of standard height with greater sheer than that of the freeboard deck, or is of more than standard height, an



addition to the sheer of the freeboard deck shall be made as provided in paragraph (12) of this Regulation.

Standard Sheer Profile

(8) The ordinates of the standard sheer profile are given in the following table:

Standard Sheer Profile (Where L is in metres)

Ordinate Station (in millimetres) Factor After Perpendicular

L25 + 103

⎛ ⎞⎜ ⎟⎝ ⎠

1

After half 1/6 L from A.P. L11.1 + 103

⎛ ⎞⎜ ⎟⎝ ⎠

3

1/3 L from A.P. L2.8 + 103

⎛ ⎞⎜ ⎟⎝ ⎠

3

Amidships 0 1

Amidships 0 1

Forward half 1/3 L from F.P. L5.6 + 103

⎛ ⎞⎜ ⎟⎝ ⎠

3

1/6 L from F.P. L22.2 + 103

⎛ ⎞⎜ ⎟⎝ ⎠

3

Forward Perpendicular

L50 + 103

⎛ ⎞⎜ ⎟⎝ ⎠

1

Standard Sheer Profile (Where L is in feet)

Ordinate Station (in inches) Factor

After Perpendicular

0.1 L + 10 1

After half 1/6 L from A.P. 0.0444 L + 444 3 1/3 L from A.P. 0.0111 L + 1.11 3 Amidships 0 1



Ordinate Station (in inches) Factor

Amidships 0 1 Forward half 1/3 L from F.P.

1/6 L from F.P. 0.0222 L + 22 0.0888 L + 8.88

3 3

Forward Perpendicular

0.2 L + 20 1

Measurement of Variation from Standard Sheer Profile

(9) Where the sheer profile differs from the standard, the four ordinates of each profile in the forward or after half shall be multiplied by the appropriate factors given in the table of ordinates. The difference between the sums of the respective products and those of the standard divided by 8 measures the deficiency or excess of sheer in the forward or after half. The arithmetical mean of the excess or deficiency in the forward and after halves measures the excess or deficiency of sheer.

(10) Where the after half of the sheer profile is greater than the standard and the forward half is less than the standard, no credit shall be allowed for the part in excess and deficiency only shall be measured.

(11) Where the forward half of the sheer profile exceeds the standard, and the after portion of the sheer profile is not less than 75 per cent of the standard, credit shall be allowed for the part in excess; where the after part is less than 50 per cent of the standard no credit shall be given for the excess sheer forward. Where the after sheer is between 50 per cent and 75 per cent of the standard intermediate allowances may be granted for excess sheer forward.

(12) Where sheer credit is given for a poop or forecastle the following formula shall be used:

/y Ls 3 L

=

where s = sheer credit, to be deducted from the deficiency or added to the excess of sheer,

y = difference between actual and standard height of superstructure at the end of sheer,

L′ = mean enclosed length of poop or forecastle up to a maximum length of 0.5 L,

L = length of ship as defined in Regulation 3 (1) of this Annex.



The above formula provides a curve in the form of a parabola tangent to the actual sheer curve at the freeboard deck and intersecting the end ordinate at a point below the superstructure deck a distance equal to the standard height of a superstructure. The superstructure deck shall not be less than standard height above this curve at any point. This curve shall be used in determining the sheer profile for forward and after halves of the ship.

Correction for Variations from Standard Sheer Profile

(13) The correction for sheer shall be the deficiency or excess of sheer (see paragraphs (9) to (11) inclusive of this Regulation), multiplied by

S0.75 2 L

−

where S is the total length of enclosed superstructures.

Addition for Deficiency in Sheer

(14) Where the sheer is less than the standard, the correction for deficiency in sheer (see paragraph (13) of this Regulation) shall be added to the freeboard.

Deduction for Excess Sheer

(15) In ships where an enclosed superstructure covers 0.1 L before and 0.1 L abaft amidships, the correction for excess of sheer as calculated under the provisions of paragraph (13) of this Regulation shall be deducted from the freeboard; in ships where no enclosed superstructure covers amidships, no deduction shall be made from the freeboard; where an enclosed superstructure covers less than 0.1 L before and 0.1 L abaft amidships, the deduction shall be obtained by linear interpolation. The maximum deduction for excess sheer shall be at the rate of 125 millimetres per 100 metres of length (11/2 inches per 100 feet of length).

Regulation 39 Minimum Bow Height

(1) The bow height defined as the vertical distance at the forward perpendicular between the waterline corresponding to the assigned summer freeboard and the designed trim and the top of the exposed deck at side shall be not less than:

for ships below 250 metres in length,

b

L 1.3656 L (1 )500 C 0.68

−+

millimetres;



for ships of 250 metres and above in length,

b

1.367000 C 0.68+

millimetres;

where L is the length of the ship in metres, Cb is the block coefficient which is to be taken as not less than 0.68

or, for ships below 820 feet in length,

b

L 1.360.672 L (1 )1640 C 0.68

−+

inches;

for ships of 820 feet and above in length,

b

1.36275.6 C 0.68+

inches;

where L is the length of the ship in feet, Cb is the block coefficient which is to be taken as not less than 0.68.

(2) Where the bow height required in paragraph (1) of this Regulation is obtained by sheer, the sheer shall extend for at least 15 per cent of the length of the ship measured from the forward perpendicular. Where it is obtained by fitting a superstructure, such superstructure shall extend from the stem to a point at least 0.07 L abaft the forward perpendicular, and it shall comply with the following requirements: (a) for ships not over 100 metres (328 feet) in length it shall be enclosed as

defined in Regulation 3 (10), and (b) for ships over 100 metres (328 feet) in length it need not comply with

Regulation 3 (10) but shall be fitted with closing appliances to the satisfaction of the Administration.

(3) Ships which, to suit exceptional operational requirements, cannot meet the requirements of paragraphs (1) and (2) of this Regulation may be given special consideration by the Administration.

Regulation 40 Minimum Freeboards

Summer Freeboard



(1) The minimum freeboard in summer shall be the freeboard derived from the tables in Regulation 28 as modified by the corrections in Regulations 27, as applicable, 29, 30, 31, 32, 37, 38 and, if applicable, 39.

(2) The freeboard in salt water, as calculated in accordance with paragraph (1) of this Regulation, but without the correction for deck line, as provided by Regulation 32, shall not be less than 50 millimetres (2 inches). For ships having in position 1 hatchways with covers which do not comply with the requirements of Regulations 15 (7), 16 or 26, the freeboard shall be not less than 150 millimetres (6 inches).

Tropical Freeboard

(3) The minimum freeboard in the Tropical Zone shall be the freeboard obtained by a deduction from the summer freeboard of one forty-eighth of the summer draught measured from the top of the keel to the centre of the ring of the load line mark.

(4) The freeboard in salt water, as calculated in accordance with paragraph (1) of this Regulation, but without the correction for deck line, as provided by Regulation 32, shall not be less than 50 millimetres (2 inches). For ships having in position 1 hatchways with covers which do not comply with the requirements of Regulations 15 (7), 16 or 26, the freeboard shall be not less than 150 millimetres (6 inches).

Winter Freeboard

(5) The minimum freeboard in winter shall be the freeboard obtained by an addition to the summer freeboard of one forty-eighth of summer draught, measured from the top of the keel to the centre of the ring of the load line mark.

Winter North Atlantic Freeboard

(6) The minimum freeboard for ships of not more than 100 metres (328 feet) in length, which enter any part of the North Atlantic defined in Regulation 52 (Annex II) during the winter seasonal period, shall be the winter freeboard plus 50 millimetres (2 inches). For other ships, the Winter North Atlantic Freeboard shall be the winter freeboard.

Fresh Water Freeboard

(7) The minimum freeboard in fresh water of unit density shall be obtained by deducting from the minimum freeboard in salt water:

40 TΔ

centimetres (inches)



where Δ = displacement in salt water in tons at the summer load waterline,

T = tons per centimetre (inch) immersion in salt water at the summer load waterline.

(8) Where the displacement at the summer load waterline cannot be certified, the deduction shall be one forty-eighth of summer draught, measured from the top of the keel to the centre of the ring of the load line mark.



CHAPTER IV.—SPECIAL REQUIREMENTS FOR SHIPS ASSIGNED TIMBER FREEBOARDS

Regulation 41 Application of this Chapter

Regulations 42 to 45 inclusive apply only to ships to which timber load lines are assigned.


(1) Timber Deck Cargo. The term “timber deck cargo” means a cargo of timber carried on an uncovered part of a freeboard or superstructure deck. The term does not include wood pulp or similar cargo.

(2) Timber Load Line. A timber deck cargo may be regarded as giving a ship a certain additional buoyancy and a greater degree of protection against the sea. For that reason, ships carrying a timber deck cargo may be granted a reduction of freeboard calculated according to the provisions of Regulation 45 and marked on the ship’s side in accordance with the provisions of Regulation 6 (3) and (4). However, in order that such special freeboard may be granted and used, the timber deck cargo shall comply with certain conditions which are laid down in Regulation 44, and the ship itself shall also comply with certain conditions relating to its construction which are set out in Regulation 43.

Regulation 43 Construction of Ship

Superstructure

(1) Ships shall have a forecastle of at least standard height and a length of at least 0.07 L. In addition, if the ship is less than 100 metres (328 feet) in length, a poop of at least standard height, or a raised quarter deck with either a deckhouse or a strong steel hood of at least the same total height shall be fitted aft.

Double Bottom Tanks



(2) Double bottom tanks where fitted within the midship half length of the ship shall have adequate watertight longitudinal subdivision.

Bulwarks

(3) The ship shall be fitted either with permanent bulwarks at least 1 metre (39½ inches) in height, specially stiffened on the upper edge and supported by strong bulwark stays attached to the deck and provided with necessary freeing ports, or with efficient rails of the same height and of specially strong construction.

Regulation 44 Stowage

General

(1) Openings in the weather deck over which cargo is stowed shall be securely closed and battened down. The ventilators shall be efficiently protected.

(2) Timber deck cargo shall extend over at least the entire available length which is the total length of the well or wells between superstructures. Where there is no limiting superstructure at the after end, the timber shall extend at least to the after end of the aftermost hatchway. The timber shall be stowed as solidly as possible to at least the standard height of the superstructure.

(3) On a ship within a seasonal winter zone in winter, the height of the deck cargo above the weather deck shall not exceed one-third of the extreme breadth of the ship.

(4) The timber deck cargo shall be compactly stowed, lashed and secured. It shall not interfere in any way with the navigation and necessary work of the ship.

Uprights

(5) Uprights, when required by the nature of the timber, shall be of adequate strength considering the breadth of the ship; the spacing shall be suitable for the length and character of timber carried, but shall not exceed 3 metres (9.8 feet). Strong angles or metal sockets or equally efficient means shall be provided for securing the uprights.

Lashings



(6) Timber deck cargo shall be efficiently secured throughout its length by independent over-all lashings spaced not more than 3 metres (9.8 feet) apart. Eye plates for these lashings shall be efficiently attached to the sheer strake or to the deck stringer plate at intervals of not more than 3 metres (9.8 feet). The distance from an end bulkhead of a superstructure to the first eye plate shall be not more than 2 metres (6.6 feet). Eye plates and lashings shall be provided 0.6 metres (23½ inches) and 1.5 metres (4.9 feet) from the ends of timber deck cargoes where there is no bulkhead.

(7) Lashings shall be not less than 19 millimetres (¾ inch) close link chain or flexible wire rope of equivalent strength, fitted with sliphooks and turnbuckles, which shall be accessible at all times. Wire rope lashings shall have a short length of long link chain to permit the length of lashings to be regulated.

(8) When timber is in lengths less than 3.6 metres (11.8 feet) the spacing of the lashings shall be reduced or other suitable provisions made to suit the length of timber.

(9) All fittings required for securing the lashings shall be of strength corresponding to the strength of the lashings.

Stability

(10) Provision shall be made for a safe margin of stability at all stages of the voyage, regard being given to additions of weight, such as those due to absorption of water and icing and to losses of weight such as those due to consumption of fuel and stores.

Protection of Crew, Access to Machinery Spaces, etc.

(11) In addition to the requirements of Regulation 25 (5) of this Annex guard rails or life lines spaced not more than 330 millimetres (13 inches) apart vertically shall be provided on each side of the deck cargo to a height of at least 1 metre (39½ inches) above the cargo.

Steering Arrangements

(12) Steering arrangements shall be effectively protected from damage by cargo and, as far as practicable, shall be accessible. Efficient provision shall be made for steering in the event of a breakdown in the main steering arrangements.



Regulation 45 Computation for Freeboard

(1) The minimum summer freeboards shall be computed in accordance with Regulations 27 (5), 27 (6), 27 (11), 28, 29, 30, 31, 32, 37 and 38, except that Regulation 37 is modified by substituting the following percentages for those given in Regulation 37:

Total effective length of superstructures 0 0.1

L 0.2L

0.3L

0.4L

0.5L

0.6L

0.7L

0.8L

0.9L

1.0L

Percentage of deduction for all types of superstructure

20 31 42 53 64 70 76 82 88 94 100


(2) The Winter Timber Freeboard shall be obtained by adding to the Summer Timber Freeboard one thirty-sixth of the moulded summer timber draught.

(3) The Winter North Atlantic Timber Freeboard shall be the same as the Winter North Atlantic Freeboard prescribed in Regulation 40 (6).

(4) The Tropical Timber Freeboard shall be obtained by deducting from the Summer Timber Freeboard one forty-eighth of the moulded summer timber draught.

(5) The Fresh Water Timber Freeboard shall be computed in accordance with Regulation 40 (7) based on the summer timber load waterline.



ANNEX II

ZONES, AREAS AND SEASONAL PERIODS

The zones and areas in this Annex are, in general, based on the following criteria:

Summer—not more than 10 per cent winds of force 8 Beaufort (34 knots) or more.

Tropical—not more than 1 per cent winds of force 8 Beaufort (34 knots) or more. Not more than one tropical storm in 10 years in an area of 5° square in any one separate calendar month.

In certain special areas, for practical reasons, some degree of relaxation has been found acceptable.

A chart is attached to this Annex to illustrate the zones and areas defined below.

Regulation 46 Northern Winter Seasonal Zones and Area

(1) North Atlantic Winter Seasonal Zones I and II (a) The North Atlantic Winter Seasonal Zone I lies within the meridian of

longitude 50°W from the coast of Greenland to latitude 45°N, thence the parallel of latitude 45°N to longitude 15°W, thence the meridian longitude 15°W to latitude 60°N, thence the parallel of latitude 60°N, to the Greenwich Meridian, thence this meridian northwards.

Seasonal periods: WINTER: 16 October to 15 April SUMMER: 16 April to 15 October

(b) The North Atlantic Winter Seasonal Zone II lies within the meridian of longitude 68°30′ W from the coast of the United States to latitude 40°N, thence the rhumb line to the point latitude 36°N, longitude 73°W, thence the parallel of latitude 36°N, to longitude 25°W and thence the rhumb line to Cape Toriñana.

Excluded from this zone are the North Atlantic Winter Seasonal Zone I and the Baltic Sea bounded by the parallel of the latitude of The Skaw in the Skagerrak.



Seasonal periods: WINTER: 1 November to 31 March SUMMER: 1 April to 31 October

(2) North Atlantic Winter Seasonal Area The boundary of the North Atlantic Winter Seasonal Area is— the meridian of longitude 68°30′ W from the coast of the United States to latitude 40°N, thence the rhumb line to the southernmost intersection of the meridian of longitude 61°W with the coast of Canada and thence the east coasts of Canada and the United States.

Seasonal periods: For ships over 100 metres (328 feet) in length:

WINTER: 16 December to 15 February SUMMER: 16 February to 15 December

For ships of 100 metres (328 feet) and under in length: WINTER: 1 November to 31 March SUMMER: 1 April to 31 October

(3) North Pacific Winter Seasonal Zone The southern boundary of the North Pacific Winter Seasonal Zone is— the parallel of latitude 50°N from the east coast of the USSR to the west coast of Sakhalin, thence the west coast of Sakhalin to the southern extremity of Cape Kril’on, thence the rhumb line to Wakkanai, Hokkaido, Japan, thence the east and south coasts of Hokkaido to longitude 145°E, thence the meridian of longitude 145°E to latitude 35°E, thence the parallel of latitude 35°N to longitude 150°W and thence the rhumb line to the southern extremity of Dall Island, Alaska.

Seasonal periods: WINTER: 16 October to 15 April SUMMER: 16 April to 15 October

Regulation 47 Southern Winter Seasonal Zone

The northern boundary of the Southern Winter Seasonal Zone is— the rhumb line from the east coast of the American continent to Cape Tres Puntas to the point latitude 34°S, longitude 50°W, thence the parallel of latitude 34°S to longitude 17°E, thence the rhumb line to the point latitude 35°10′ S, longitude 20°E, thence the rhumb line to the point latitude 34°S,



longitude 28°E, thence along the rhumb line to the point latitude 35°30′ S, longitude 118°E, and thence the rhumb line to Cape Grim on the northwest coast of Tasmania; thence along the north and east coasts of Tasmania to the southernmost point of Bruny Island, thence the rhumb line to Black Rock Point on Stewart Island, thence the rhumb line to the point latitude 47°S, longitude 170°E, thence along the rhumb line to the point latitude 33°S, longitude 170°W, and thence the parallel of latitude 33°S to the west coast of the American continent.

Seasonal periods: WINTER: 16 April to 15 October SUMMER: 16 October to 15 April

Regulation 48 Tropical Zone

(1) Northern Boundary of the Tropical Zone The northern boundary of the Tropical Zone is— the parallel of latitude 13°N from the east coast of the American continent to longitude 60°W, thence the rhumb line to the point latitude 10°N, longitude 58°W, thence the parallel of latitude 10°N to longitude 20°W, thence the meridian of longitude 20°W to latitude 30°N and thence the parallel of latitude 30°N to the west coast of Africa; from the east coast of Africa the parallel of latitude 8°N to longitude 70°E, thence the meridian of longitude 70°E to latitude 13°N, thence the parallel of latitude 13°N to the west coast of India; thence the south coast of India to latitude 10°30′ N on the east coast of India, thence the rhumb line to the point latitude 9°N, longitude 82°E, thence the meridian of longitude 82°E to latitude 8°N, thence the parallel of latitude 8°N to the west coast of Malaysia, thence the coast of South-East Asia to the east coast of Vietnam at latitude 10°N, thence the parallel of latitude 10°N to longitude 145°E, thence the meridian of longitude 145°E to latitude 13°N and thence the parallel of latitude 13°N to the west coast of the American continent. Saigon is to be considered as being on the boundary line of the Tropical Zone and the Seasonal Tropical Area.

(2) Southern Boundary of the Tropical Zone The southern boundary of the Tropical Zone is— the rhumb line from the Port of Santos, Brazil, to the point where the meridian of longitude 40°W intersects the Tropic of Capricorn; thence the Tropic of Capricorn to the west coast of Africa; from the east coast of



Africa the parallel of latitude 20°S to the west coast of Madagascar, thence the west and north coasts of Madagascar to longitude 50°E, thence the meridian of longitude 50°E to latitude 10°S, thence the parallel of latitude 10°S to longitude 98°E, thence the rhumb line to Port Darwin, Australia, thence the coasts of Australia and Wessel Island eastwards to Cape Wessel, thence the parallel of latitude 11°S to the west side of Cape York; from the east side of Cape York the parallel of latitude 11°S to longitude 150°W, thence the rhumb line to the point latitude 26°S, longitude 75°W, and thence the rhumb line to the west coast of the American continent at latitude 30°S. Coquimbo and Santos are to be considered as being on the boundary line of the Tropical and Summer Zones.

(3) Areas to be included in the Tropical Zone The following areas are to be treated as included in the Tropical Zone—

(a) The Suez Canal, the Red Sea and the Gulf of Aden, from Port Said to the meridian of longitude 45°E.

Aden and Berbera are to be considered as being on the boundary line of the Tropical Zone and the Seasonal Tropical Area.

(b) The Persian Gulf to the meridian of longitude 59°E. (c) The area bounded by the parallel of latitude 22°S from the east coast

of Australia to the Great Barrier Reef, thence the Great Barrier Reef to latitude 11°S. The northern boundary of the area is the southern boundary of the Tropical Zone.

Regulation 49 Seasonal Tropical Areas

The following are Seasonal Tropical Areas:

(1) In the North Atlantic An area bounded—

on the north by the rhumb line from Cape Catoche, Yucatan, to Cape San Antonio, Cuba, the north coast of Cuba to latitude 20°N and thence the parallel of latitude 20°N to longitude 20°W; on the west by the coast of the American continent; on the south and east by the northern boundary of the Tropical Zone.

Seasonal periods: TROPICAL: 1 November to 15 July SUMMER: 16 July to 31 October



(2) In the Arabian Sea An area bounded—

on the west by the coast of Africa, the meridian of longitude 45°E in the Gulf of Aden, the coast of South Arabia and the meridian of longitude 59°E in the Gulf of Oman; on the north and east by the coasts of Pakistan and India; on the south by the northern boundary of the Tropical Zone.

Seasonal periods: TROPICAL: 1 September to 31 May SUMMER: 1 June to 31 August

(3) In the Bay of Bengal The Bay of Bengal north of the northern boundary of the Tropical Zone.

Seasonal periods: TROPICAL: 1 December to 30 April SUMMER: 1 May to 30 November

(4) In the South Indian Ocean (a) An area bounded—

on the north and west by the southern boundary of the Tropical Zone and the east coast of Madagascar; on the south by the parallel of latitude 20°S; on the east by the rhumb line from the point latitude 20°S, longitude 50°E, to the point latitude 15°E, longitude 51°30′ E and thence by the meridian of longitude 51°30′ E to latitude 10°S.

Seasonal periods: TROPICAL: 1 April to 30 November SUMMER: 1 December to 31 March

(b) An area bounded— on the north by the southern boundary of the Tropical Zone; on the east by the coast of Australia; on the south by the parallel of latitude 15°S from longitude 51°30′ E, to longitude 120°E and thence the meridian of longitude 120°E to the coast of Australia; on the west by the meridian of longitude 51°30′ E.

Seasonal periods: TROPICAL: 1 May to 30 November SUMMER: 1 December to 30 April



(5) In the China Sea An area bounded—

on the west and north by the coasts of Vietnam and China from latitude 10°N to Hong Kong; on the east by the rhumb line from Hong Kong to the Port of Sual (Luzon Island) and the west coasts of the Islands of Luzon, Samar and Leyte to latitude 10°N; on the south by the parallel of latitude 10°N. Hong Kong and Sual are to be considered as being on the boundary of the Seasonal Tropical area and Summer Zone.

Seasonal periods: TROPICAL: 21 January to 30 April SUMMER: 1 May to 20 January

(6) In the North Pacific (a) An area bounded—

on the north by the parallel of latitude 25°N; on the west by the meridian of longitude 160°E; on the south by the parallel of latitude 13°N; on the east by the meridian of longitude 130°W.

Seasonal periods: TROPICAL: 1 April to 31 October SUMMER: 1 November to 31 March

(b) An area bounded— on the north and east by the west coast of the American continent; on the west by the meridian of longitude 123°W from the coast of the American continent to latitude 33°N and by the rhumb line from the point latitude 33°N, longitude 123°W, to the point latitude 13°N, longitude 105°W; on the south by the parallel of latitude 13°N.

Seasonal periods: TROPICAL: 1 March to 30 June and

1 November to 30 November SUMMER: 1 July to 31 October and

1 December to 28/29 February

(7) In the South Pacific (a) The Gulf of Carpentaria south of latitude 11°S.




(b) An area bounded— on the north and east by the southern boundary of the Tropical Zone; on the south by the Tropic of Capricorn from the east coast of Australia to longitude 150°W, thence by the meridian of longitude 150°W to latitude 20°S and thence by the parallel of latitude 20°S to the point where it intersects the southern boundary of the Tropical Zone; on the west by the boundaries of the area within the Great Barrier Reef included in the Tropical Zone and by the east coast of Australia.


Regulation 50 Summer Zones

The remaining areas constitute the Summer Zones. However, for ships of 100 metres (328 feet) and under in length, the area bounded—

on the north and west by the east coast of the United States; on the east by the meridian of longitude 68°30′ W from the coast of the United States to latitude 40°N and thence by the rhumb line to the point latitude 36°N, longitude 73°W; on the south by the parallel of latitude 36°N; is a Winter Seasonal Area.




Regulation 51 Enclosed Seas

(1) Baltic Sea This sea bounded by the parallel of latitude of the Skaw in the Skagerrak is included in the Summer Zones. However, for the ships of 100 metres (328 feet) and under in length, it is a Winter Seasonal Area.


(2) Black Sea This sea is included in the Summer Zones. However, for ships of 100 metres (328 feet) and under in length, the area north of latitude 44°N is a Winter Seasonal Area.

Seasonal periods: WINTER: 1 December to 28/29 February SUMMER: 1 March to 30 November

(3) Mediterranean This sea is included in the Summer Zones. However, for ships of 100 metres (328 feet) and under in length, the area bounded—

on the north and west by the coasts of France and Spain and the meridian of longitude 3°E from the coast of Spain to latitude 40°N; on the south by the parallel of latitude 40°N from longitude 3°E to the west coast of Sardinia; on the east by the west and north coasts of Sardinia from latitude 40°N longitude 9°E, thence by the meridian of longitude 9°E to the south coast of Corsica, thence by the west and north coasts of Corsica to longitude 9°E and thence by the rhumb line to Cape Sicié; is a Winter Seasonal Area.

Seasonal periods: WINTER: 16 December to 15 March SUMMER: 16 March to 15 December



(4) Sea of Japan This sea south of latitude 50°N is included in the Summer Zones. However, for ships of 100 metres (328 feet) and under in length, the area between the parallel of latitude 50°N and the rhumb line from the east coast of Korea at latitude 38°N to the west coast of Hokkaido, Japan, at latitude 43°12′ N is a Winter Seasonal Area.

Seasonal periods: WINTER: 1 December to 28/29 February SUMMER: 1 March to 30 November

Regulation 52 The Winter North Atlantic Load Line

The part of the North Atlantic referred to in Regulation 40 (6) (Annex I) comprises:

(a) that part of the North Atlantic Winter Seasonal Zone II which lies between the meridians of 15°W and 50°W;

(b) the whole of the North Atlantic Winter Seasonal Zone I, the Shetland Islands to be considered as being on the boundary.



ANNEX III

CERTIFICATES

INTERNATIONAL LOAD LINE CERTIFICATE (1966)

(Official seal)

Issued under the provisions of the International Convention on Load Lines, 1966, under the authority of the Government of

(full official designation of the country) ................................................................................................................................

(full official designation of the competent person or organization by ...........................................................................................................................

recognized under the provisions of the International Convention ................................................................................................................................

on Load Lines, 1966) ................................................................................................................................

Name of Ship

Distinctive Number or Letters

Port of Registry

Length (L) as defined in Article 2 (8)

Freeboard assigned as: Type of ship

*A new ship

An existing ship

⎧⎪⎨⎪⎩

⎧⎪⎪⎨⎪⎪⎩

Type ‘A’ Type ‘B’ Type ‘B’ with reduced freeboard Type ‘B’ with increased freeboard

*Delete whatever is inapplicable. Freeboard from deck line Load line

Tropical ........mm. (inches) (T) ......... mm. (inches) above (S) Summer ........mm. (inches) (S) Upper edge of line through

centre of ring Winter ........mm. (inches) (W) ......... mm. (inches) below (S)



Winter North Atlantic

........mm. (inches) (WNA)

......... mm. (inches) below (S)

Timber tropical ........mm. (inches) (LT) ......... mm. (inches) above (LS) Timber summer ........mm. (inches) (LS) ......... mm. (inches) above (S) Timber winter ........mm. (inches) (LW) ......... mm. (inches) below (LS) Timber winter

North Atlantic ........mm. (inches) (LWNA)

......... mm. (inches) below (LS)

NOTE: Freeboards and load lines which are not applicable need not be entered on the certificate.

Allowance for fresh water for all freeboards other than timber........mm. (inches). For timber freeboards........mm. (inches).

The upper edge of the deck line from which these freeboards are measured is........mm. (inches) ........deck at side.

Date of initial or periodical survey................................ This is to certify that this ship has been surveyed and that the freeboards

have been assigned and load lines shown above have been marked in accordance with the International Convention on Load Lines, 1966.

This certificate is valid until................................, subject to periodical inspections in accordance with Article 14 (1) (c) of the Convention.

Issued at......................................... .................................................................... (Place of issue of certificate)

............... 19….. ............................................................................ (Date of issue) (Signature of official issuing the certificate) and/or (Seal of issuing authority)



If signed, the following paragraph is to be added: The undersigned declares that he is duly authorized by the said Government

to issue this certificate. .....................................................

(Signature) NOTES: 1. When a ship departs from a port situated on a river or inland waters,

deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.

2. When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown above. Where the density is other than unity, an allowance shall be made proportional to the difference between 1. 025 and the actual density.

Reverse of Certificate This is to certify that at a periodical inspection required by Article 14 (1) (c)

of the Convention, this ship was found to comply with the relevant provisions of the Convention.

Place ................................................... Date................................................. Signature and/or Seal of issuing authority. Place ................................................... Date ................................................ Signature and/or Seal of issuing authority. Place .................................................... Date................................................. Signature and/or Seal of issuing authority. Place .................................................... Date................................................. Signature and/or Seal of issuing authority. The provisions of the Convention being fully complied with by this ship, the

validity of this certificate is, in accordance with Article 19 (2) of the Convention, extended until......................................................

Place .................................................... Date................................................. Signature and/or Seal of issuing authority.



INTERNATIONAL LOAD LINE EXEMPTION CERTIFICATE

(Official seal) Issued under the provisions of the International Convention on Load Lines, 1966, under the authority of the Government of

(full official designation of the country) ................................................................................................................................

(full official designation of the competent person or organization by............................................................................................................................

recognized under the provision of the International Convention ................................................................................................................................

on Load Lines, 1966) ................................................................................................................................

Name of Ship Distinctive Number or Letters Port of Registry

This is to certify that the above-mentioned ship is exempted from the provisions of the 1966 Convention, under the authority conferred by Article 6 (2)/Article 6 (4)* of the Convention referred to above.

The provisions of the Convention from which the ship is exempted under Article 6 (2) are: ................................................................................................................................ ................................................................................................................................ ................................................................................................................................

* Delete whichever is inapplicable. The voyage for which exemption is granted under Article 6 (4) is:

From: ................................................................................................................... To: ...................................................................................................................

Conditions, if any, on which the exemption is granted under either Article 6 (2) or Article 6 (4): ................................................................................................................................ ................................................................................................................................ ................................................................................................................................



This certificate is valid until.................................................................subject, where appropriate, to periodical inspections in accordance with Article 14 (1) (c) of the Convention.

Issued at............................................................................................................. (Place of issue of certificate)

...............19….. ............................................................................ (Date of issue) (Signature of official issuing the certificate) and/or (Seal of issuing authority) If signed, the following paragraph is to be added: The undersigned declares that he is duly authorized by the said Government

to issue this certificate. .....................................................

(Signature) Reverse of Certificate

This is to certify that this ship continues to comply with the conditions under which this exemption was granted.

Place ................................................... Date................................................. Signature and/or Seal of issuing authority. Place ................................................... Date ................................................ Signature and/or Seal of issuing authority. Place .................................................... Date................................................. Signature and/or Seal of issuing authority. Place .................................................... Date................................................. Signature and/or Seal of issuing authority. This ship continues to comply with the conditions under which this

exemption was granted and the validity of this certificate is, in accordance with Article 19 (4) (a) of the Convention, extended until ..............................................

Place .................................................... Date................................................. Signature and/or Seal of issuing authority.

Schedule 5 International Convention for Safe Containers


Schedule 5—International Convention for Safe Containers

Subsection 187A(1)

ARTICLE I General Obligation under the present Convention

The Contracting Parties undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention.

ARTICLE II Definitions


1. “Container” means an article of transport equipment: (a) of a permanent character and accordingly strong enough to be

suitable for repeated use; (b) specially designed to facilitate the transport of goods, by one or

more modes of transport, without intermediate reloading; (c) designed to be secured and/or readily handled, having corner

fittings for these purposes; (d) of a size such that the area enclosed by the four outer bottom

corners is either: (i) at least 14 sq. m. (150 sq. ft.) or (ii) at least 7 sq. m. (75 sq. ft.) if it is fitted with top corner

fittings; the term “container” includes neither vehicles nor packaging;

however, containers when carried on chassis are included. 2. “Corner fittings” means an arrangement of apertures and faces at the

top and/or bottom of a container for the purposes of handling, stacking and/or securing.

3. “Administration” means the Government of a Contracting Party under whose authority containers are approved.

4. “Approved” means approved by the Administration. 5. “Approval” means the decision by an Administration that a design

type or a container is safe within the terms of the present Convention.

International Convention for Safe Containers Schedule 5


6. “International transport” means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.

7. “Cargo” means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.

8. “New container” means a container the construction of which was commenced on or after the date of entry into force of the present Convention.

9. “Existing container” means a container which is not a new container. 10. “Owner” means the owner as provided for under the national law of

the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner’s responsibility for maintenance and examination of the container by such lessee or bailee.

11. “Type of container” means the design type approved by the Administration.

12. “Type-series container” means any container manufactured in accordance with the approved design type.

13. “Prototype” means a container representative of those manufactured or to be manufactured in a design type series.

14. “Maximum Operating Gross Weight or Rating”or “R” means the maximum allowable combined weight of the container and its cargo.

15. “Tare Weight” means the weight of the empty container including permanently affixed ancillary equipment.

16. “Maximum Permissible Payload”or “P” means the difference between maximum operating gross weight or rating and tare weight.

ARTICLE III Application

1. The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.

2. Every new container shall be approved either in accordance with the provisions for type-testing or for individual testing as contained in Annex I.



3. Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within 5 years from the date of entry into force of the present Convention.

ARTICLE IV Testing, Inspection, Approval and Maintenance

1. For the enforcement of the provisions in Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided however that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.

2. An Administration which entrusts such testing, inspection and approval to an organization shall inform the Secretary-General of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”) for communication to Contracting Parties.

3. Application for approval may be made to the Administration of any Contracting Party.

4. Every container shall be maintained in a safe condition in accordance with the provisions of Annex I.

5. If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval.

ARTICLE V Acceptance of Approval

1. Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shall be accepted by the other Contracting Parties for all purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.

2. A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided however that nothing in the present Convention shall preclude the application of provisions of national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers



specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried by air. The term “dangerous goods” shall have that meaning assigned to it by international agreements.

ARTICLE VI Control

1. Every container which has been approved under article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.

2. Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.

ARTICLE VII Signature, ratification, acceptance, approval and accession

1. The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organization at London by all States Members of the United Nations or Members of any of the Specialized Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.

2. The present Convention is subject to ratification, acceptance or approval by States which have signed it.

3. The present Convention shall remain open for accession by any State referred to in paragraph 1.



4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the Organization (hereinafter referred to as “the Secretary-General”).

ARTICLE VIII Entry into force

1. The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.

2. For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.

3. Any State which becomes a Party to the present Convention after the entry into force of an amendment shall, failing an expression of a different intention by that State, (a) be considered as a Party to the Convention as amended; and

(b) be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.

ARTICLE IX Procedure for amending any part or parts of the present Convention

1. The present Convention may be amended upon the proposal of a Contracting Party by any of the procedures specified in this article.

2. Amendment after consideration in the Organization: (a) Upon the request of a Contracting Party, any amendment proposed by

it to the present Convention shall be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, such amendment shall be communicated to all Members of the Organization and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly.



(b) If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.

(c) Such amendment shall come into force twelve months after the date on which it is accepted by two-thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment.

3. Amendment by a Conference:

Upon the request of a Contracting Party, concurred in by at least one-third of the Contracting Parties, a Conference to which the States referred to in article VII shall be invited will be convened by the Secretary-General.

ARTICLE X Special procedure for amending the Annexes

1. Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.

2. If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.

3. Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless by a prior date determined by the Maritime Safety Committee at the same time, one-fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.

4. On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers; an objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies.



5. The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this article and the date on which any amendment enters into force.

6. Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a Conference to which the States referred to in article VII shall be invited. Upon receipt of notification of concurrence by at least one-third of the other Contracting Parties such a Conference shall be convened by the Secretary-General to consider amendments to the Annexes.

ARTICLE XI Denunciation

1. Any Contracting Party may denounce the present Convention by effecting the deposit of an instrument with the Secretary-General. The denunciation shall take effect one year from the date of such deposit with the Secretary-General.

2. A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce the present Convention and such denunciation shall take effect on the date of entry into force of such an amendment.

ARTICLE XII Termination

The present Convention shall cease to be in force if the number of Contracting Parties is less than five for any period of twelve consecutive months.

ARTICLE XIII Settlement of Disputes

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be the Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the parties may request the



Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.

2. The decision of the arbitration tribunal established under the provisions of paragraph 1 shall be binding on the parties to the dispute.

3. The arbitration tribunal shall determine its own rules of procedure.

4. Decisions of the arbitration tribunal, both as to its procedure and its place of meeting and as to any controversy laid before it, shall be taken by majority vote.

5. Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgment to the arbitration tribunal which made the award.

ARTICLE XIV Reservations

1. Reservations to the present Convention shall be permitted, excepting those relating to the provisions of articles I–VI, XIII, the present article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary-General shall communicate such reservations to all States referred to in article VII.

2. Any reservations made in accordance with paragraph 1: (a) modifies for the Contracting Party which made the reservation the

provisions of the present Convention to which the reservation relates to the extent of the reservation; and

(b) modifies those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation.

3. Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary-General.

ARTICLE XV Notification

In addition to the notifications and communications provided for in articles IX, X and XIV, the Secretary-General shall notify all the States referred to in article VII of the following:



(a) signatures, ratifications, acceptances, approvals and accessions under article VII;

(b) the dates of entry into force of the present Convention in accordance with article VIII;

(c) the date of entry into force of amendments to the present Convention in accordance with articles IX and X;

(d) denunciations under article XI; (e) the termination of the present Convention under article XII.

ARTICLE XVI Authentic texts

The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General, who shall communicate certified true copies to all States referred to in article VII.



ANNEX I

REGULATIONS FOR THE TESTING, INSPECTION, APPROVAL AND MAINTENANCE OF CONTAINERS

CHAPTER I—REGULATIONS COMMON TO ALL SYSTEMS OF APPROVAL

Regulation 1 Safety Approval Plate

1. A Safety Approval Plate conforming to the specifications set out in the Appendix to this Annex shall be permanently affixed to every approved container at a readily visible place, adjacent to any other approval plate issued for official purposes, where it would not be easily damaged.

2. (a) The Plate shall contain the following information in at least the English or French language:

“CSC SAFETY APPROVAL” Country of approval and approval reference Date (month and year) of manufacture Manufacturer’s identification number of the container or,

in the case of existing containers for which that number is unknown, the number allotted by the Administration

Maximum operating gross weight (kilogrammes and lbs) Allowable stacking weight for 1.8 g (kilogrammes and

lbs) Transverse racking test load value (kilogrammes and lbs).

(b) A blank space should be reserved on the Plate for insertion of end-wall and/or side-wall strength values (factors) in accordance with paragraph 3 of this Regulation and Annex II, tests 6 and 7. A blank space should also be reserved on the Plate for the first and subsequent maintenance examination dates (month and year) when used.

3. Where the Administration considers that a new container satisfies the requirements of the present Convention in respect of safety and if, for such container, the end-wall and/or side-wall strength values (factors) are designed to



be greater or less than those stipulated in Annex II, such values shall be indicated on the Safety Approval Plate.

4. The presence of the Safety Approval Plate does not remove the necessity of displaying such labels or other information as may be required by other regulations which may be in force.

Regulation 2 Maintenance

1. The owner of the container shall be responsible for maintaining it in safe condition.

2. The owner of an approved container shall examine the container or have it examined in accordance with the procedure either prescribed or approved by the Contracting Party concerned, at intervals appropriate to operating conditions. The date (month and year) before which a new container shall undergo its first examination shall be marked on the Safety Approval Plate.

3. The date (month and year) before which the container shall be re-examined shall be clearly marked on the container on or as close as practicable to the Safety Approval Plate and in a manner acceptable to that Contracting Party which prescribed or approved the particular maintenance procedure involved.

4. The interval from the date of manufacture to the date of the first examination shall not exceed five years. Subsequent examination of new containers and re-examination of existing containers shall be at intervals of not more than 24 months. All examinations shall determine whether the container has any defects which could place any person in danger.

5. For the purpose of this Regulation “the Contracting Party concerned” is the Contracting Party of the territory in which the owner is domiciled or has his head office.



CHAPTER II—REGULATIONS FOR APPROVAL OF NEW CONTAINERS BY DESIGN TYPE

Regulation 3 Approval of New Containers

To qualify for approval for safety purposes under the present Convention all new containers shall comply with the requirements set out in Annex II.

Regulation 4 Design Type Approval

In the case of containers for which an application for approval has been submitted, the Administration will examine designs and witness testing of a prototype container to ensure that the containers will conform with the requirements set out in Annex II. When satisfied, the Administration shall notify the applicant in writing that the container meets the requirements of the present Convention and this notification shall entitle the manufacturer to affix the Safety Approval Plate to every container of the design type series.

Regulation 5 Provisions for Approval by Design Type

1. Where the containers are to be manufactured by design type series, application made to an Administration for approval by design type shall be accompanied by drawings, a design specification of the type of container to be approved and such other data as may be required by the Administration.

2. The applicant shall state the identification symbols which will be assigned by the manufacturer to the type of container to which the application for approval relates.

3. The application shall also be accompanied by an assurance from the manufacturer that he will:

(a) produce to the Administration such containers of the design type concerned as the Administration may wish to examine;

(b) advise the Administration of any change in the design or specification and await its approval before affixing the Safety Approval Plate to the container;



(c) affix the Safety Approval Plate to each container in the design type series and to no others;

(d) keep a record of containers manufactured to the approved design type. This record shall at least contain the manufacturer’s identification numbers, dates of delivery and names and addresses of customers to whom the containers are delivered.

4. Approval may be granted by the Administration to containers manufactured as modifications of an approved design type if the Administration is satisfied that the modifications do not affect the validity of tests conducted in the course of design type approval.

5. The Administration shall not confer on a manufacturer authority to affix Safety Approval Plates on the basis of design type approval unless satisfied that the manufacturer has instituted internal production-control features to ensure that the containers produced will conform to the approved prototype.

Regulation 6 Examination during Production

In order to ensure that containers of the same design type series are manufactured to the approved design, the Administration shall examine or test as many units as it considers necessary, at any stage during production of the design type series concerned.

Regulation 7 Notification of Administration

The manufacturer shall notify the Administration prior to commencement of production of each new series of containers to be manufactured in accordance with an approved design type.



CHAPTER III—REGULATIONS FOR APPROVAL OF NEW CONTAINERS BY INDIVIDUAL APPROVAL

Regulation 8 Approval of Individual Containers

Approval of individual containers may be granted where the Administration, after examination and witnessing of tests, is satisfied that the container meets the requirements of the present Convention; the Administration, when so satisfied, shall notify the applicant in writing of approval and this notification shall entitle him to affix the Safety Approval Plate to such container.



CHAPTER IV—REGULATIONS FOR APPROVAL OF EXISTING CONTAINERS

Regulation 9 Approval of Existing Containers

1. If, within 5 years from the date of entry into force of the present Convention, the owner of an existing container presents the following information to an Administration:

(a) date and place of manufacture; (b) manufacturer’s identification number of the container if available; (c) maximum operating gross weight capability;

(d) (i) evidence that a container of this type has been safely operated in maritime and/or inland transport for a period of at least two years, or

(ii) evidence to the satisfaction of the Administration that the container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II, with the exception of those technical conditions relating to the end-wall and side-wall strength tests, or

(iii) evidence that the container was constructed to standards which, in the opinion of the Administration, were equivalent to the technical conditions set out in Annex II, with the exception of those technical conditions relating to the end-wall and side-wall strength tests;

(e) allowable stacking weight for 1.8 g (kilogrammes and lbs); and (f) such other data as required for the Safety Approval Plate, then the Administration, after investigation, shall notify the owner in writing whether approval is granted; and if so, this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2.

2. Existing containers which do not qualify for approval under paragraph 1 of this Regulation may be presented for approval under the provisions of Chapter II or Chapter III of this Annex. For such containers the requirements of Annex II relating to end-wall and/or side-wall strength tests shall not apply. The Administration may, if it is satisfied that the containers in question have been in service, waive such of the requirements in respect of presentation of drawings



and testing, other than the lifting and floor-strength tests, as it may deem appropriate.

APPENDIX The Safety Approval Plate, conforming to the model reproduced below, shall

take the form of a permanent, non-corrosive fire-proof rectangular plate measuring not less than 200 mm by 100 mm. The words “CSC Safety Approval” of a minimum letter height of 8 mm and all other words and numbers of a minimum height of 5 mm shall be stamped into, embossed on or indicated on the surface of the Plate in any other permanent and legible way.

1. Country of Approval and Approval Reference as given in the example

on line 1. (The country of Approval should be indicated by means of the distinguishing sign used to indicate country of registration of motor vehicles in international road traffic).

2. Date (month and year) of manufacture.

3. Manufacturer’s identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration.

4. Maximum Operating Gross Weight (kilogrammes and lbs.).

5. Allowable Stacking Weight for 1.8 g (kilogrammes and lbs.).

6. Transverse Racking Test Load Value (kilogrammes and lbs.).

7. End Wall Strength to be indicated on plate only if end walls are designed to withstand a load of less or greater than 0.4 times the maximum permissible payload, i.e. 0.4 P.



8. Side Wall Strength to be indicated on plate only if the side walls are designed to withstand a load of less or greater than 0.6 times the maximum permissible payload, i.e. 0.6 P.

9. First maintenance examination date (month and year) for new containers and subsequent maintenance examination dates (month and year) if Plate used for this purpose.



ANNEX II

STRUCTURAL SAFETY REQUIREMENTS AND TESTS

Introduction In setting the requirements of this Annex, it is implicit that in all phases of

the operation of containers the forces as a result of motion, location, stacking and weight of the loaded container and external forces will not exceed the design strength of the container. In particular, the following assumptions have been made:

(a) the container will so be restrained that it is not subjected to forces in excess of those for which it has been designed;

(b) the container will have its cargo stowed in accordance with the recommended practices of the trade so that the cargo does not impose upon the container forces in excess of those for which it has been designed.

Construction

1. A container made from any suitable material which satisfactorily performs the following tests without sustaining any permanent deformation or abnormality which would render it incapable of being used for its designed purpose shall be considered safe.

2. The dimensions, positioning and associated tolerances of corner fittings shall be checked having regard to the lifting and securing systems in which they will function.

3. When containers are provided with special fittings for use only when such containers are empty, this restriction shall be marked on the container.

Test loads and test procedures Where appropriate to the design of the container, the following test loads and

test procedures shall be applied to all kinds of containers under test: Test loadings and applied forces Test procedures 1. LIFTING The container, having the prescribed INTERNAL LOADING, shall be lifted in such a way that no significant acceleration forces are applied. After lifting, the container shall be suspended or supported for five minutes and then lowered to the ground. (A) Lifting from corner fittings Internal loading: (i) Lifting from top corner fittings:



Test loadings and applied forces Test procedures A uniformly distributed load such that the combined weight of container and test load is equal to 2R.

Containers greater than 3,000 mm (10 ft.) (nominal) in length shall have lifting forces applied vertically at all four top corner fittings.

Containers of 3,000 mm (10 ft.) (nominal) in length or less shall have lifting forces applied at all four top corner fittings, in such a way that the angle between each lifting device and the vertical shall be 30°.

Externally applied forces: (ii) Lifting from bottom corner fittings: Such as to lift the combined weight of 2R in the manner prescribed (under the heading TEST PROCEDURES).

Containers shall have lifting forces applied in such a manner that the lifting devices bear on the bottom corner fittings only. The lifting forces shall be applied at angles to the horizontal of:

30° for containers of length 12,000 mm (40 ft.) (nominal) or greater;

37° for containers of length 9,000 mm (30 ft.) (nominal) and up to but not including 12,000 mm (40 ft.) (nominal),

45° for containers of length 6,000 mm (20 ft.) nominal and up to but not including 9,000 mm (30 ft.) (nominal),

60° for containers of less than 6,000 mm (20 ft.) (nominal).

(B) Lifting by any other additional methods Internal loading: A uniformly distributed load such that the combined weight of container and test load is equal to 1.25 R. Externally applied forces: Such as to lift the combined weight of 1. 25 R in the manner prescribed (under the heading TEST PROCEDURES).

(i) Lifting from fork lift pockets: The container shall be placed on bars which are in the same horizontal plane, one bar centred within each fork lift pocket which is used for lifting the loaded container. The bars shall be of the same width as the forks intended to be used in the handling, and shall project into the fork pocket 75 per cent of the length of the fork pocket.

Internal loading: (ii) Lifting from grappler arm positions:



Test loadings and applied forces Test procedures A uniformly distributed load such that the combined weight of containers and test load is equal to 1.25 R.

The container shall be placed on pads in the same horizontal plane, one under each grappler arm position. These pads shall be of the same sizes as the lifting area of the grappler arms intended to be used.

Externally applied forces: Such as to lift the combined weight of 1.25 R, in the manner prescribed (under the heading TEST PROCEDURES).

(iii) Other Methods Where containers are designed to be lifted in the loaded condition by any method not mentioned in (A) or (B) (i) and (ii) they shall also be tested with the INTERNAL LOADING AND EXTERNALLY APPLIED FORCES representative of the acceleration conditions appropriate to that method.

2. STACKING 1. For conditions of international transport where the maximum vertical acceleration forces vary significantly from 1.8 g and when the container is reliably and effectively limited to such conditions of transport, the stacking load may be varied by the appropriate ratio of acceleration forces. 2. On successful completion of this test the container may be rated for the allowable superimposed static stacking weight which should be indicated on the Safety Approval Plate against the heading “Allowable stacking weight for 1.8 g (kilogrammes and lbs)”. Internal loading: A uniformly distributed load such that the combined weight of container and test load is equal to 1.8 R.

The container, having the prescribed INTERNAL LOADING, shall be placed on four level pads which are in turn supported on a rigid horizontal surface, one under each bottom corner fitting or equivalent corner structure. The pads shall be centralized under the fittings and shall be of approximately the same plan dimensions as the fittings.

Externally applied forces:



Test loadings and applied forces Test procedures Such as to subject each of the four top corner fittings to a vertical downward force equal to ¼ x 1.8 x the allowable superimposed static stacking weight.

Each EXTERNALLY APPLIED FORCE shall be applied to each of the corner fittings through a corresponding test corner fitting or through a pad of the same plan dimensions. The test corner fitting or pad shall be offset with respect to the top corner fitting of the container by 25 mm (1 in.) laterally and 38 mm (1½ in.) longitudinally.

3. CONCENTRATED LOADS (a) On roof Internal loading: None.

Externally applied forces: A concentrated load of 300 kg (660 lb.) uniformly distributed over an area of 600 mm x 300 mm (24 in.x12 in.).

The EXTERNALLY APPLIED FORCES shall be applied vertically downwards to the outer surface of the weakest area of the roof of the container.

3. CONCENTRATED LOADS (b) On floor Internal loading: Two concentrated loads each of 2,730 kg (6,000 lb.) and each applied to the container floor through a contact area of 142 cm2 (22 sq in.).

The test should be made with the container resting on four level supports under its four bottom corners in such a manner that the base structure of the container is free to deflect.

A testing device loaded to a weight of 5,460 kg (12,000 lb.) that is 2,730 kg (6,000 lb.) on each of two surfaces having, when loaded, a total contact area of 284 cm2 (44 sq in.) that is 142 cm2 (22 sq in.) on each surface, the surface width being 180 mm (7 in.) spaced 760 mm (30 in.) apart, centre to centre, should be manoeuvred over the entire floor area of the container.

Externally applied forces: None.

4. TRANSVERSE RACKING Internal loading:



Test loadings and applied forces Test procedures None. The container in tare condition shall be placed

on four level supports one under each bottom corner and shall be restrained against lateral and vertical movement by means of anchor devices so arranged that the lateral restraint is provided only at the bottom corners diagonally opposite to those at which the forces are applied.

Externally applied forces: Such as to rack the end structures of the container sideways. The forces shall be equal to those for which the container was designed.

The EXTERNALLY APPLIED FORCES shall be applied either separately or simultaneously to each of the top corner fittings on one side of the container in lines parallel both to the base and to the planes of the ends of the container. The forces shall be applied first towards and then away from the top corner fittings. In the case of containers in which each end is symmetrical about its own vertical centreline, one side only need be tested, but both sides of containers with asymmetric ends shall be tested.

5. LONGITUDINAL RESTRAINT (STATIC TEST) When designing and constructing containers, it must be borne in mind that containers, when carried by inland modes of transport may sustain accelerations of 2 g applied horizontally in a longitudinal direction. Internal loading: A uniformly distributed load, such that the combined weight of a container and test load is equal to the maximum operating gross weight or rating, R.

The container having the prescribed INTERNAL LOADING shall be restrained longitudinally by securing the two bottom corner fittings or equivalent corner structures at one end to suitable anchor points.

Externally applied forces: Such as to subject each side of the container to longitudinal compressive and tensile forces of magnitude R, that is, a combined force of 2R on the base of the container as a whole.

The EXTERNALLY APPLIED FORCES shall be applied first towards and then away from the anchor points. Each side of the container shall be tested.

6. END-WALLS



Test loadings and applied forces Test procedures The end-walls should be capable of withstanding a load of not less than 0.4 times the maximum permissible payload. If, however, the end-walls are designed to withstand a load of less or greater than 0.4 times the maximum permissible payload such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1. Internal loading: Such as to subject the inside of an end-wall to a uniformly distributed load of 0.4P or such other load for which the container may be designed.

The prescribed INTERNAL LOADING shall be applied as follows: Both ends of a container shall be tested except where the ends are identical only one end need be tested. The end-walls of containers which do not have open sides or side doors may be tested separately or simultaneously. The end-walls of containers which do have open sides or side doors should be tested separately. When the ends are tested separately the reactions to the forces applied to the end-wall shall be confined to the base structure of the container.


7. SIDE-WALLS The side-walls should be capable of withstanding a load of not less than 0.6 times the maximum permissible payload. If, however, the side-walls are designed to withstand a load of less or greater than 0.6 times the maximum permissible payload, such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1. Internal loading: Such as to subject the inside of a side-wall to a uniformly distributed load of 0.6P or such other load for which the container may be designed.

The prescribed INTERNAL LOADING shall be applied as follows: Both sides of a container shall be tested except where the sides are identical only one side need be tested. Side-walls shall be tested separately and the reactions to the internal loading shall be confined to the corner fittings or equivalent corner structures. Open topped containers shall be tested in the condition in which they are designed to be operated, for example, with removable top members in position.


1981 Amendments to Annex I of the International Convention for Safe Containers (CSC) Schedule 5A


Schedule 5A—1981 Amendments to Annex I of the International Convention for Safe Containers (CSC)

Section 187A

CHAPTER I

Regulation 2

Amend the heading of Regulation 2 to read: “Maintenance and Examination”.

In paragraph 3, line 4, delete the word “maintenance”and insert therefor “examination”.

Add at the end of paragraph 4 the following text: “As a transitional provision, any requirements for marking on containers

the date of the first examination of new containers or the re-examination of new containers covered in Regulation 10 and of existing containers shall be waived until 1 January 1987. However, an Administration may make more stringent requirements for the containers of its own (national) owners.”

Add at the end of paragraph 5 the following text: “However, in the event that the owner is domiciled or has his head office in

a country the government of which has not yet made arrangements for prescribing or approving an examination scheme and until such time as the arrangements have been made the owner may use the procedure prescribed or approved by the Administration of a Contracting Party which is prepared to act as ‘the Contracting Party concerned’. The owner shall comply with the conditions for the use of such procedures set by the Administration in question.”

Schedule 5A 1981 Amendments to Annex I of the International Convention for Safe Containers (CSC)


CHAPTER IV

Amend the heading to read:

“REGULATIONS FOR APPROVAL OF EXISTING CONTAINERS AND NEW CONTAINERS NOT APPROVED AT THE TIME OF MANUFACTURE”.

Regulation 9

Add to the end of paragraph 1 the following:

“The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985.” Insert a new Regulation 10 reading:

“Regulation 10

Approval of New Containers Not Approved at Time of Manufacture

If, on or before 6 September 1982, the owner of a new container which was not approved at the time of manufacture presents the following information to an Administration:

(a) date and place of manufacture; (b) manufacturer’s identification number of the container if available; (c) maximum operating gross weight capability; (d) evidence to the satisfaction of the Administration that the container

was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II;

(e) allowable stacking weight for 1.8g (kilogrammes and lbs); and (f) such other data as required for the Safety Approval Plate;

the Administration, after investigation, may approve the container, notwithstanding the provisions of Chapter II. Where approval is granted, such approval shall be notified to the owner in writing, and this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985.”

International Convention on Tonnage Measurement of Ships, 1969 Schedule 8


Schedule 8—International Convention on Tonnage Measurement of Ships, 1969

Section 405B

ARTICLE 1 General Obligation under the Convention

The Contracting Governments undertake to give effect to the provisions of the present Convention and the Annexes hereto which shall constitute an integral part of the present Convention. Every reference to the present Convention constitutes at the same time a reference to the Annexes.

ARTICLE 2 Definitions


(1) “Regulations” means the Regulations annexed to the present Convention;

(2) “Administration” means the Government of the State whose flag the ship is flying;

(3) “international voyage” means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country;

(4) “gross tonnage” means the measure of the overall size of a ship determined in accordance with the provisions of the present Convention;

(5) “net tonnage” means the measure of the useful capacity of a ship determined in accordance with the provisions of the present Convention;

(6) “new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date of coming into force of the present Convention;

(7) “existing ship” means a ship which is not a new ship;

Schedule 8 International Convention on Tonnage Measurement of Ships, 1969


(8) “length” means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;

(9) “Organization” means the Inter-Governmental Maritime Consultative Organization.

ARTICLE 3 Application

(1) The present Convention shall apply to the following ships engaged on international voyages:

(a) ships registered in countries the Governments of which are Contracting Governments;

(b) ships registered in territories to which the present Convention is extended under Article 20; and

(c) unregistered ships flying the flag of a State, the Government of which is a Contracting Government.

(2) The present Convention shall apply to: (a) new ships; (b) existing ships which undergo alterations or modifications which the

Administration deems to be a substantial variation in their existing gross tonnage;

(c) existing ships if the owner so requests; and (d) all existing ships, twelve years after the date on which the

Convention comes into force, except that such ships, apart from those mentioned in (b) and (c) of this paragraph, shall retain their then existing tonnages for the purpose of the application to them of relevant requirements under other existing International Conventions.

(3) Existing ships to which the present Convention has been applied in accordance with sub-paragraph (2) (c) of this Article shall not subsequently have their tonnages determined in accordance with the requirements which the Administration applied to ships on international voyages prior to the coming into force of the present Convention.



ARTICLE 4 Exceptions

(1) The present Convention shall not apply to: (a) ships of war; and (b) ships of less than 24 metres (79 feet) in length.

(2) Nothing herein shall apply to ships solely navigating: (a) the Great Lakes of North America and the River St. Lawrence as far

east as a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63°W;

(b) the Caspian Sea; or (c) the Plate, Parana and Uruguay Rivers as far east as a rhumb line

drawn between Punta Rasa (Cabo San Antonio), Argentina, and Punta del Este, Uruguay.

ARTICLE 5 Force Majeure

(1) A ship which is not subject to the provisions of the present Convention at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

(2) In applying the provisions of the present Convention, the Contracting Governments shall give due consideration to any deviation or delay caused to any ship owing to stress of weather or any other cause of force majeure.

ARTICLE 6 Determination of Tonnages

The determination of gross and net tonnages shall be carried out by the Administration which may, however, entrust such determination either to persons or organizations recognized by it. In every case the Administration concerned shall accept full responsibility for the determination of gross and net tonnages.



ARTICLE 7 Issue of Certificate

(1) An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnages of which have been determined in accordance with the present Convention.

(2) Such certificate shall be issued by the Administration or by any person or organization duly authorized by it. In every case, the Administration shall assume full responsibility for the certificate.

ARTICLE 8 Issue of Certificate by another Government

(1) A Contracting Government may, at the request of another Contracting Government, determine the gross and net tonnages of a ship and issue or authorize the issue of an International Tonnage Certificate (1969) to the ship in accordance with the present Convention.

(2) A copy of the certificate and a copy of the calculations of the tonnages shall be transmitted as early as possible to the requesting Government.

(3) A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying and it shall have the same validity and receive the same recognition as a certificate issued under Article 7.

(4) No International Tonnage Certificate (1969) shall be issued to a ship which is flying the flag of a State the Government of which is not a Contracting Government.

ARTICLE 9 Form of Certificate

(1) The certificate shall be drawn up in the official language or languages of the issuing country. If the language used is neither English nor French, the text shall include a translation into one of these languages.

(2) The form of the certificate shall correspond to that of the model given in Annex II.



ARTICLE 10 Cancellation of Certificate

(1) Subject to any exceptions provided in the Regulations, an International Tonnage Certificate (1969) shall cease to be valid and shall be cancelled by the Administration if alterations have taken place in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the ship’s passenger certificate, assigned load line or permitted draught of the ship, such as would necessitate an increase in gross tonnage or net tonnage.

(2) A certificate issued to a ship by an Administration shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (3) of this Article.

(3) Upon transfer of a ship to the flag of another State the Government of which is a Contracting Government, the International Tonnage Certificate (1969) shall remain in force for a period not exceeding three months, or until the Administration issues another International Tonnage Certificate (1969) to replace it, whichever is the earlier. The Contracting Government of the State whose flag the ship was flying hitherto shall transmit to the Administration as soon as possible after the transfer takes place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations.

ARTICLE 11 Acceptance of Certificate

The certificate issued under the authority of a Contracting Government in accordance with the present Convention shall be accepted by the other Contracting Governments and regarded for all purposes covered by the present Convention as having the same validity as certificates issued by them.

ARTICLE 12 Inspection

(1) A ship flying the flag of a State the Government of which is a Contracting Government shall be subject, when in the ports of other Contracting Governments, to inspection by officers duly authorized by such Governments. Such inspection shall be limited to the purpose of verifying:

(a) that the ship is provided with a valid International Tonnage Certificate (1969); and



(b) that the main characteristics of the ship correspond to the data given in the certificate.

(2) In no case shall the exercise of such inspection cause any delay to the ship.

(3) Should the inspection reveal that the main characteristics of the ship differ from those entered on the International Tonnage Certificate (1969) so as to lead to an increase in the gross tonnage or the net tonnage, the Government of the State whose flag the ship is flying shall be informed without delay.

ARTICLE 13 Privileges

The privileges of the present Convention may not be claimed in favour of any ship unless it holds a valid certificate under the Convention.

ARTICLE 14 Prior Treaties, Conventions and Arrangements

(1) All other treaties, conventions and arrangements relating to tonnage matters at present in force between Governments Parties to the present Convention shall continue to have full and complete effect during the terms thereof as regards:

(a) ships to which the present Convention does not apply; and (b) ships to which the present Convention applies, in respect of matters

for which it has not expressly provided.

(2) To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the present Convention, the provisions of the present Convention shall prevail.

ARTICLE 15 Communication of Information

The Contracting Governments undertake to communicate to and deposit with the Organization:

(a) a sufficient number of specimens of their certificates issued under the provisions of the present Convention for circulation to the Contracting Governments;

(b) the text of the laws, orders, decrees, regulations and other instruments which shall have been promulgated on the various matters within the scope of the present Convention; and



(c) a list of non-governmental agencies which are authorized to act in their behalf in matters relating to tonnages for circulation to the Contracting Governments.

ARTICLE 16 Signature, Acceptance and Accession

(1) The present Convention shall remain open for signature for six months from 23 June 1969, and shall thereafter remain open for accession. Governments of States Members of the United Nations, or of any of the Specialized Agencies, or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice may become Parties to the Convention by:

(a) signature without reservation as to acceptance; (b) signature subject to acceptance followed by acceptance; or (c) accession.

(2) Acceptance or accession shall be effected by the deposit of an instrument of acceptance or accession with the Organization. The Organization shall inform all Governments which have signed the present Convention or acceded to it of each new acceptance or accession and of the date of its deposit. The Organization shall also inform all Governments which have already signed the Convention of any signature effected during the six months from 23 June 1969.

ARTICLE 17 Coming into Force

(1) The present Convention shall come into force twenty-four months after the date on which not less than twenty-five Governments of States the combined merchant fleets of which constitute not less than sixty-five per cent of the gross tonnage of the world’s merchant shipping have signed without reservation as to acceptance or deposited instruments of acceptance or accession in accordance with Article 16. The Organization shall inform all Governments which have signed or acceded to the present Convention of the date on which it comes into force.

(2) For Governments which have deposited an instrument of acceptance of or accession to the present Convention during the twenty-four months mentioned in paragraph (1) of this Article, the acceptance or accession shall take effect on the coming into force of the present Convention or



three months after the date of deposit of the instrument of acceptance or accession, whichever is the later date.

(3) For Governments which have deposited an instrument of acceptance of or accession to the present Convention after the date on which it comes into force, the Convention shall come into force three months after the date of the deposit of such instrument.

(4) After the date on which all the measures required to bring an amendment to the present Convention into force have been completed, or all necessary acceptances are deemed to have been given under sub-paragraph (b) of paragraph (2) of Article 18 in case of amendment by unanimous acceptance, any instrument of acceptance or accession deposited shall be deemed to apply to the Convention as amended.

ARTICLE 18 Amendments

(1) The present Convention may be amended upon the proposal of a Contracting Government by any of the procedures specified in this Article.

(2) Amendment by unanimous acceptance: (a) Upon the request of a Contracting Government, any amendment

proposed by it to the present Convention shall be communicated by the Organization to all Contracting Governments for consideration with a view to unanimous acceptance.

(b) Any such amendment shall enter into force twelve months after the date of its acceptance by all Contracting Governments unless an earlier date is agreed upon. A Contracting Government which does not communicate its acceptance or rejection of the amendment to the Organization within twenty-four months of its first communication by the latter shall be deemed to have accepted the amendment.

(3) Amendment after consideration in the Organization: (a) Upon the request of a Contracting Government, any amendment

proposed by it to the present Convention will be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, such amendment shall be communicated to all Members of the Organization and all Contracting Governments at least six months prior to its consideration by the Assembly of the Organization.



(b) If adopted by a two-thirds majority of those present and voting in the Assembly, the amendment shall be communicated by the Organization to all Contracting Governments for their acceptance.


(d) The Assembly, by a two-thirds majority of those present and voting, including two-thirds of the Governments represented on the Maritime Safety Committee and present and voting in the Assembly, may propose a determination at the time of its adoption that an amendment is of such an important nature that any Contracting Government which makes a declaration under sub-paragraph (c) of this paragraph and which does not accept the amendment within a period of twelve months after it comes into force, shall cease to be a party to the present Convention upon the expiry of that period. This determination shall be subject to the prior acceptance of two-thirds of the Contracting Governments.

(e) Nothing in this paragraph shall prevent the Contracting Government which first proposed action under this paragraph on an amendment to the present Convention from taking at any time such alternative action as it deems desirable in accordance with paragraphs (2) or (4) of this Article.

(4) Amendment by a conference: (a) Upon the request of a Contracting Government, concurred in by at

least one-third of the Contracting Governments, a conference of Governments will be convened by the Organization to consider amendments to the present Convention.

(b) Every amendment adopted by such a conference by a two-thirds majority of those present and voting of the Contracting Governments shall be communicated by the Organization to all Contracting Governments for their acceptance.




(d) By a two-thirds majority of those present and voting, a conference convened under sub-paragraph (a) of this paragraph may determine at the time of its adoption that an amendment is of such an important nature that any Contracting Government which makes a declaration under sub-paragraph (c) of this paragraph, and which does not accept the amendment within a period of twelve months after it comes into force, shall cease to be a party to the present Convention upon the expiry of that period.

(5) The Organization shall inform all Contracting Governments of any amendments which may come into force under this Article, together with the date on which each such amendment will come into force.

(6) Any acceptance or declaration under this Article shall be made by the deposit of an instrument with the Organization which shall notify all Contracting Governments of the receipt of the acceptance or declaration.

ARTICLE 19 Denunciation

(1) The present Convention may be denounced by any Contracting Government at any time after the expiry of five years from the date on which the Convention comes into force for that Government.

(2) Denunciation shall be effected by the deposit of an instrument with the Organization which shall inform all the other Contracting Governments of any such denunciation received and of the date of its receipt.

(3) A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its receipt by the Organization.

ARTICLE 20 Territories

(1) (a) The United Nations, in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, shall as soon as possible consult with such territory or take such measures as may be appropriate in an endeavour to extend the present Convention to that territory and may at any time by notification in writing to the Organization declare that the present Convention shall extend to such territory.



(b) The present Convention shall, from the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.

(2) (a) The United Nations, or any Contracting Government which has made a declaration under sub-paragraph (a) of paragraph (1) of this Article at any time after the expiry of a period of five years from the date on which the Convention has been so extended to any territory, may by notification in writing to the Organization declare that the present Convention shall cease to extend to any such territory named in the notification.

(b) The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Organization.

(3) The Organization shall inform all the Contracting Governments of the extension of the present Convention to any territories under paragraph (1) of this Article, and of the termination of any such extension under the provisions of paragraph (2) stating in each case the date from which the present Convention has been or will cease to be so extended.

ARTICLE 21 Deposit and Registration

(1) The present Convention shall be deposited with the Organization and the Secretary-General of the Organization shall transmit certified true copies thereof to all Signatory Governments and to all Governments which accede to the present Convention.

(2) As soon as the present Convention comes into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 22 Languages

The present Convention is established in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.



ANNEX I

REGULATIONS FOR DETERMINING GROSS AND NET TONNAGES OF SHIPS

Regulation 1 General

(1) The tonnage of a ship shall consist of gross tonnage and net tonnage.

(2) The gross tonnage and the net tonnage shall be determined in accordance with the provisions of these Regulations.

(3) The gross tonnage and the net tonnage of novel types of craft whose constructional features are such as to render the application of the provisions of these Regulations unreasonable or impracticable shall be as determined by the Administration. Where the tonnage is so determined, the Administration shall communicate to the Organization details of the method used for that purpose, for circulation to the Contracting Governments for their information.

Regulation 2 Definitions of Terms used in the Annexes

(1) Upper Deck

The upper deck is the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck.

(2) Moulded Depth (a) The moulded depth is the vertical distance measured from the top

of the keel to the underside of the upper deck at side. In wood and composite ships the distance is measured from the lower edge of the keel rabbet. Where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel.



(b) In ships having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design.

(c) Where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, the moulded depth shall be measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part.

(3) Breadth

The breadth is the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material.

(4) Enclosed Spaces

Enclosed spaces are all those spaces which are bounded by the ship’s hull, by fixed or portable partitions or bulkheads, by decks or coverings other than permanent or movable awnings. No break in a deck, nor any opening in the ship’s hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed space.

(5) Excluded Spaces

Notwithstanding the provisions of paragraph (4) of this Regulation, the spaces referred to in sub-paragraphs (a) to (e) inclusive of this paragraph shall be called excluded spaces and shall not be included in the volume of enclosed spaces, except that any such space which fulfils at least one of the following three conditions shall be treated as an enclosed space:

– the space is fitted with shelves or other means for securing cargo or stores;

– the openings are fitted with any means of closure; – the construction provides any possibility of such openings being

closed: (a) (i) A space within an erection opposite an end opening

extending from deck to deck except for a curtain plate of a depth not exceeding by more than 25 millimetres (one inch) the depth of the adjoining deck beams, such opening having a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening of the space. This provision shall be applied so as to



exclude from the enclosed spaces only the space between the actual end opening and a line drawn parallel to the line or face of the opening at a distance from the opening equal to one half of the width of the deck at the line of the opening (Figure 1 in Appendix 1).

(a) (ii) Should the width of the space because of any arrangement except by convergence of the outside plating, become less than 90 per cent of the breadth of the deck, only the space between the line of the opening and a parallel line drawn through the point where the athwartships width of the space becomes equal to, or less than, 90 per cent of the breadth of the deck shall be excluded from the volume of enclosed spaces (Figures 2, 3 and 4 in Appendix 1).

(a) (iii) Where an interval which is completely open except for bulwarks or open rails separates any two spaces, the exclusion of one or both of which is permitted under sub-paragraphs (a) (i) and/or (a) (ii), such exclusion shall not apply if the separation between the two spaces is less than the least half breadth of the deck in way of the separation (Figures 5 and 6 in Appendix 1).

(b) A space under an overhead deck covering open to the sea and weather, having no other connexion on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres (2.5 feet) or one-third of the height of the space, whichever is the greater (Figure 7 in Appendix 1).

(c) A space in a side-to-side erection directly in way of opposite side openings not less in height than 0.75 metres (2.5 feet) or one-third of the height of the erection, whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one-half of the breadth of the deck in way of the opening (Figure 8 in Appendix 1).

(d) A space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is



exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening (Figure 9 in Appendix 1).

(e) A recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance (Figure 10 in Appendix 1).

(6) Passenger

A passenger is every person other than: (a) the master and the members of the crew or other persons employed

or engaged in any capacity on board a ship on the business of that ship; and

(b) a child under one year of age.

(7) Cargo Spaces

Cargo spaces to be included in the computation of net tonnage are enclosed spaces appropriated for the transport of cargo which is to be discharged from the ship, provided that such spaces have been included in the computation of gross tonnage. Such cargo spaces shall be certified by permanent marking with the letters CC (cargo compartment) to be so positioned that they are readily visible and not to be less than 100 millimetres (4 inches) in height.

(8) Weathertight

Weathertight means that in any sea conditions water will not penetrate into the ship.

Regulation 3 Gross Tonnage

The gross tonnage (GT) of a ship shall be determined by the following formula:

GT = K1 V where: V = Total volume of all enclosed spaces of the ship in cubic metres,

K1 = 0.2 + 0.02 log 10V (or as tabulated in Appendix 2).



Regulation 4 Net Tonnage

(1) The net tonnage (NT) of a ship shall be determined by the following formula:

22 2 3 1

N4dNT K V K N c 3D 10⎛ ⎞⎛ ⎞= + +⎜ ⎟⎜ ⎟

⎝ ⎠ ⎝ ⎠,

in which the formula:

(a) the factor 24d

3D⎛ ⎞⎜ ⎟⎝ ⎠

shall not be taken as greater than unity;

(b) the term K2VC 24d

3D⎛ ⎞⎜ ⎟⎝ ⎠

shall not be taken as less than 0.25 GT; and

(c) NT shall not be taken as less than 0.30 GT, and in which:

Vc = total volume of cargo spaces in cubic metres, K2 = 0.2 + 0.02 log10Vc (or as tabulated in Appendix

2),

K3 = GT 10,0001.2510,000+ ,

D = moulded depth amidships in metres as defined in Regulation 2 (2),

d = moulded draught amidships in metres as defined in paragraph (2) of this Regulation,

N1 = number of passengers in cabins with not more than 8 berths,

N2 = number of other passengers,

N1 + N2 = total number of passengers the ship is permitted to carry as indicated in the ship’s passenger certificate; when N1 + N2 is less than 13, N1 and N2 shall be taken as zero,

GT = gross tonnage of the ship as determined in accordance with the provisions of Regulation 3.

(2) The moulded draught (d) referred to in paragraph (1) of this Regulation shall be one of the following draughts:



(a) for ships to which the International Convention on Load Lines in force applies, the draught corresponding to the Summer Load Line (other than timber load lines) assigned in accordance with that Convention;

(b) for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the International Convention for the Safety of Life at Sea in force or other international agreement where applicable;

(c) for ships to which the International Convention on Load Lines does not apply but which have been assigned a load line in compliance with national requirements, the draught corresponding to the summer load line so assigned;

(d) for ships to which no load line has been assigned but the draught of which is restricted in compliance with national requirements, the maximum permitted draught;

(e) for other ships, 75 per cent of the moulded depth amidships as defined in Regulation 2 (2).

Regulation 5 Change of Net Tonnage

(1) When the characteristics of a ship, such as V, Vc, d, N1 or N2 as defined in Regulations 3 and 4, are altered and where such an alteration results in an increase in its net tonnage as determined in accordance with the provisions of Regulation 4, the net tonnage of the ship corresponding to the new characteristics shall be determined and shall be applied without delay.

(2) A ship to which load lines referred to in sub-paragraphs (2) (a) and (2) (b) of Regulation 4 are concurrently assigned shall be given only one net tonnage as determined in accordance with the provisions of Regulation 4 and that tonnage shall be the tonnage applicable to the appropriate assigned load line for the trade in which the ship is engaged.

(3) When the characteristics of a ship such as V, Vc, d, N1 or N2 as defined in Regulations 3 and 4 are altered or when the appropriate assigned load line referred to in paragraph (2) of this Regulation is altered due to the change of the trade in which the ship is engaged, and where such an alteration results in a decrease in its net tonnage as determined in accordance with the provisions of Regulation 4, a new International Tonnage Certificate (1969) incorporating the net tonnage so determined shall not be issued until twelve months have elapsed from the date on which the current Certificate was issued; provided that this requirement shall not apply:

(a) if the ship is transferred to the flag of another State, or



(b) if the ship undergoes alterations or modifications which are deemed by the Administration to be of a major character, such as the removal of a superstructure which requires an alteration of the assigned load line, or

(c) to passenger ships which are employed in the carriage of large numbers of unberthed passengers in special trades, such, for example, as the pilgrim trade.

Regulation 6 Calculation of Volumes

(1) All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of structural boundary surfaces in ships constructed of any other material.

(2) Volumes of appendages shall be included in the total volume.

(3) Volumes of spaces open to the sea may be excluded from the total volume.

Regulation 7 Measurement and Calculation

(1) All measurement used in the calculation of volumes shall be taken to the nearest centimetre or one-twentieth of a foot.

(2) The volumes shall be calculated by generally accepted methods for the space concerned and with an accuracy acceptable to the Administration.

(3) The calculation shall be sufficiently detailed to permit easy checking.



ANNEX II

CERTIFICATE INTERNATIONAL TONNAGE CERTIFICATE (1969)

(Official seal) Issued under the provisions of the International Convention on Tonnage Measurement of Ships, 1969, under the authority of the Government of........................... ............................................................................................................................................

(full official designation of country) for which the convention came into force on ............................. 19.................................. by ................................................................................................................................... (full official designation of the competent person or organization recognized under the provisions of the International Convention on Tonnage Measurement of Ships, 1969)

Name of Ship

Distinctive Number or Letters

Port of Registry

*Date

*Date on which the keel was laid or the ship was at a similar stage of construction (Article 2 (6)), or date on which the shop underwent alterations or modifications of a major character (Article 3 (2) (b)), as appropriate.

MAIN DIMENSIONS

Length

(Article 2 (8))

Breadth

(Regulation 2 (3))

Moulded Depth amidships to Upper Deck

(Regulation 2 (2))



THE TONNAGES OF THE SHIP ARE:

GROSS TONNAGE ........................................................

NET TONNAGE.............................................................. This is to certify that the tonnages of this ship have been determined in accordance

with the provisions of the International Convention of Tonnage Measurement of Ships, 1969.

Issued at .................................................................. ....................... 19........ (place of issue of certificate) (date of issue)

......................................................................................... (Signature of official issuing the certificate)

and/or (seal of issuing authority)

If signed, the following paragraph is to be added: The undersigned declares that he is duly authorized by the said Government to

issue this certificate. ........................................................... (Signature)

SPACES INCLUDED IN TONNAGE

GROSS TONNAGE NET TONNAGE

Name of Space

Location Length Name of Space

Location Length

Underdeck — — NUMBER OF PASSENGERS

(Regulation 4 (1)) Number of passengers in cabins with not more than 8 berths........................

Number of other passengers.......................



EXCLUDED SPACES (Regulation 2 (5)) An asterisk (*) should be added to those spaces listed above which comprise both enclosed and exluded spaces.

MOULDED DRAUGHT (Regulation 4 (2))

Date and place of original measurement .............................................................................

Date and place of last previous measurement.....................................................................

REMARKS:



APPENDIX 1 Figures referred to in Regulation 2 (5)

In the following figures: O = excluded space. C = enclosed space. I = space to be considered as an enclosed space. Hatched in parts to be included as enclosed spaces. B = breadth of the deck in way of the opening.

In ships with rounded gunwales the breadth is measured as indicated in Figure 11.



APPENDIX 2 COEFFICIENTS K1 AND K2 REFERRED TO

IN REGULATIONS 3 AND 4 (1) V or Vc = Volume in cubic metres

V or Vc K1 or K2 V or Vc K1 or K2

V or Vc K1 or K2

V or Vc K1 or K2

10 0.2200 45 000 0.2931 330 000 0.3104 670 000 0.3165 20 0.2260 50 000 0.2940 340 000 0.3106 680 000 0.3166 30 0.2295 55 000 0.2948 350 000 0.3109 690 000 0.3168 40 0.2320 60 000 0.2956 360 000 0.3111 700 000 0.3169 50 0.2340 65 000 0.2963 370 000 0.3114 710 000 0.3170 60 0.2356 70 000 0.2969 380 000 0.3116 720 000 0.3171 70 0.2369 75 000 0.2975 390 000 0.3118 730 000 0.3173 80 0.2381 80 000 0.2981 400 000 0.3120 740 000 0.3174 90 0.2391 85 000 0.2986 410 000 0.3123 750 000 0.3175

100 0.2400 90 000 0.2991 420 000 0.3125 760 000 0.3176 200 0.2460 95 000 0.2996 430 000 0.3127 770 000 0.3177 300 0.2495 100 000 0.3000 440 000 0.3129 780 000 0.3178 400 0.2520 110 000 0.3008 450 000 0.3131 790 000 0.3180 500 0.2540 120 000 0.3016 460 000 0.3133 800 000 0.3181 600 0.2556 130 000 0.3023 470 000 0.3134 810 000 0.3182 700 0.2569 140 000 0.3029 480 000 0.3136 820 000 0.3183 800 0.2581 150 000 0.3035 490 000 0.3138 830 000 0.3184 900 0.2591 160 000 0.3041 500 000 0.3140 840 000 0.3185

1 000 0.2600 170 000 0.3046 510 000 0.3142 850 000 0.3186 2 000 0.2660 180 000 0.3051 520 000 0.3143 860 000 0.3187 3 000 0.2695 190 000 0.3056 530 000 0.3145 870 000 0.3188 4 000 0.2720 200 000 0.3060 540 000 0.3146 880 000 0.3189 5 000 0.2740 210 000 0.3064 550 000 0.3148 890 000 0.3190 6 000 0.2756 220 000 0.3068 560 000 0.3150 900 000 0.3191 7 000 0.2769 230 000 0.3072 570 000 0.3151 910 000 0.3192 8 000 0.2781 240 000 0.3076 580 000 0.3153 920 000 0.3193 9 000 0.2791 250 000 0.3080 590 000 0.3154 930 000 0.3194

10 000 0.2800 260 000 0.3083 600 000 0.3156 940 000 0.3195 15 000 0.2835 270 000 0.3086 610 000 0.3157 950 000 0.3196 20 000 0.2860 280 000 0.3089 620 000 0.3158 960 000 0.3196 25 000 0.2880 290 000 0.3092 630 000 0.3160 970 000 0.3197 30 000 0.2895 300 000 0.3095 640 000 0.3161 980 000 0.3198 35 000 0.2909 310 000 0.3098 650 000 0.3163 990 000 0.3199 40 000 0.2920 320 000 0.3101 660 000 0.3164 1 000 000 0.3200



Coefficients K1 or K2 at intermediate values of V or Vc shall be obtained by linear interpolation.

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Schedule 9 Section 294

PART A

INTERNATIONAL CONVENTION ON SALVAGE, 1989

THE STATES PARTIES TO THE PRESENT CONVENTION, RECOGNIZING the desirabilty of determining by agreement uniform

international rules regarding salvage operations, NOTING that substantial developments, in particular the increased concern

for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,

CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment,

CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger,

HAVE AGREED as follows:

Chapter I—General provisions

Article 1 Definitions

For the purpose of this Convention: (a) Salvage operation means any act or activity undertaken to assist a

vessel or any other property in danger in navigable waters or in any other waters whatsoever.

(b) Vessel means any ship or craft, or any structure capable of navigation. (c) Property means any property not permanently and intentionally

attached to the shoreline and includes freight at risk. (d) Damage to the environment means substantial physical damage to

human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.

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(e) Payment means any reward, remuneration or compensation due under this Convention.

(f) Organization means the International Maritime Organization. (g) Secretary-General means the Secretary-General of the Organization.

Article 2 Application of the Convention

This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.

Article 3 Platforms and drilling units

This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.

Article 4 State-owned vessels

1. Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognized principles of international law unless that State decides otherwise.

2. Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.

Article 5 Salvage operations controlled by public authorities

1. This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.

2. Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.

3. The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this

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Convention shall be determined by the law of the State where such authority is situated.

Article 6 Salvage contracts

1. This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.

2. The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.

3. Nothing in this article shall affect the application of article 7 nor duties to prevent or minimize damage to the environment.

Article 7 Annulment and modification of contracts

A contract or any terms thereof may be annulled or modified if: (a) the contract has been entered into under undue influence or the

influence of danger and its terms are inequitable; or (b) the payment under the contract is in an excessive degree too large or

too small for the services actually rendered.

Chapter II—Performance of salvage operations

Article 8 Duties of the salvor and of the owner and master

1. The salvor shall owe a duty to the owner of the vessel or other property in danger: (a) to carry out the salvage operations with due care; (b) in performing the duty specified in subparagraph (a), to exercise due

care to prevent or minimize damage to the environment; (c) whenever circumstances reasonably require, to seek assistance from

other salvors; and (d) to accept the intervention of other salvors when reasonably requested

to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.

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2. The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor: (a) to co-operate fully with him during the course of the salvage

operations; (b) in so doing, to exercise due care to prevent or minimize damage to the

environment; and (c) when the vessel or other property has been brought to a place of

safety, to accept redelivery when reasonably requested by the salvor to do so.

Article 9 Rights of coastal States

Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognized principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.

Article 10 Duty to render assistance

1. Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.

2. The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.

3. The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.

Article 11 Co-operation

A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provision of facilities to salvors, take into account the need for co-operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the

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purpose of saving life or property in danger as well as preventing damage to the environment in general.

Chapter III—Rights of salvors

Article 12 Conditions for reward

1. Salvage operations which have had a useful result give right to a reward. 2. Except as otherwise provided, no payment is due under this Convention if

the salvage operations have had no useful result. 3. This chapter shall apply, notwithstanding that the salved vessel and the

vessel undertaking the salvage operations belong to the same owner.

Article 13 Criteria for fixing the reward

1. The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below: (a) the salved value of the vessel and other property; (b) the skill and efforts of the salvors in preventing or minimizing damage

to the environment; (c) the measure of success obtained by the salvor; (d) the nature and degree of the danger; (e) the skill and efforts of the salvors in salving the vessel, other property

and life; (f) the time used and expenses and losses incurred by the salvors; (g) the risk of liability and other risks run by the salvors or their

equipment; (h) the promptness of the services rendered; (i) the availability and use of vessels or other equipment intended for

salvage operations; (j) the state of readiness and efficiency of the salvor’s equipment and the

value thereof. 2. Payment of a reward fixed according to paragraph 1 shall be made by all of

the vessel and other property interests in proportion to their respective salved values However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to

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a right of recourse of this interest against the other interests for their respective shares Nothing in this article shall prevent any right of defence.

3. The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.

Article 14 Special compensation

1. If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.

2. If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30% of the expenses incurred by the salvor However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100% of the expenses incurred by the salvor.

3. Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).

4. The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.

5. If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.

6. Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.

Article 15 Apportionment between salvors

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1. The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.

2. The apportionment between the owner, master and other persons in the service of each salving vessel shall be determined by the law of the flag of that vessel If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.

Article 16 Salvage of persons

1. No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.

2. A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.

Article 17 Services rendered under existing contracts

No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.

Article 18 The effect of salvor’s misconduct

A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that the salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.

Article 19 Prohibition of salvage operations

Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.

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Chapter IV—Claims and actions

Article 20 Maritime lien

1. Nothing in this Convention shall affect the salvor's maritime lien under any international convention or national law.

2. The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.

Article 21 Duty to provide security

1. Upon the request of the salvor a person liable for a payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.

2. Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.

3. The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.

Article 22 Interim payment

1. The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.

2. In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.

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Article 23 Limitation of actions

1. Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years The limitation period commences on the day on which the salvage operations are terminated.

2. The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimaint This period may in the like manner be further extended.

3. An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.

Article 24 Interest

The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.

Article 25 State-owned cargoes

Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognized principles of international law.

Article 26 Humanitarian cargoes

No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.

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Article 27 Publication of arbitral awards

States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.

Chapter V—Final clauses

Article 28 Signature, ratification, acceptance, approval and accession

1. This Convention shall be open for signature at the Headquarters of the Organization from 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.

2. States may express their consent to be bound by this Convention by: (a) signature without reservation as to ratification, acceptance or

approval; or (b) signature subject to ratification, acceptance or approval, followed by


3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

Article 29 Entry into force

1. This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it.

2. For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect one year after the date of expression of such consent.

Article 30 Reservations

1. Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention: (a) when the salvage operation takes place in inland waters and all vessels

involved are of inland navigation;

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(b) when the salvage operations take place in inland waters and no vessel is involved;

(c) when all interested parties are nationals of that State; (d) when the property involved is maritime cultural property of

prehistoric, archaeological or historic interest and is situated on the sea-bed.

2. Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval.

3. Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General Such withdrawal shall take effect on the date the notification is received If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.

Article 31 Denunciation

1. This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.

2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.

Article 32 Revision and amendment

1. A conference for the purpose of revising or amending this Convention may be convened by the Organization.

2. The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of eight States Parties, or one fourth of the States Parties, whichever is the higher figure.

3. Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.

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Article 33 Depositary

1. This Convention shall be deposited with the Secretary-General. 2. The Secretary-General shall:

(a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of:

(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;

(ii) the date of the entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this

Convention together with the date on which it is received and the date on which the denunciation takes effect;

(iv) any amendment adopted in conformity with article 32; (v) the receipt of any reservation, declaration or notification made

under this Convention; (b) transmit certified true copies of this Convention to all States which

have signed this Convention or acceded thereto. 3. As soon as this Convention enters into force, a certified true copy thereof

shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 34 Languages

This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.

DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and eighty-nine.

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PART B

COMMON UNDERSTANDING CONCERNING ARTICLES 13 AND 14 OF THE INTERNATIONAL CONVENTION ON SALVAGE, 1989

It is the common understanding of the Conference that, in fixing a reward under article 13 and assessing special compensation under article 14 of the International Convention on Salvage, 1989 the tribunal is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.

navigation act 1912 - advocate of the tugboat captain. · navigation act 1912 act no. 4 of 1913 as...

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